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COL.  GEORGE  WASHINGTON  FLOWERS 
MEMORIAL  COLLECTION 


DUKE  UNIVERSITY  LIBRARY 
DURHAM.  N.  C. 


PRESENTED  BY 

W.  W.  FLOWERS 


Digitized  by  the  Internet  Arciiive 
in  2010  witii  funding  from 
Duke  University  Libraries 


http://www.arcliive.org/details/militarylawsofcoOOconf 


c 


MILITARY    LAWS 


OF  THE 


CONFEDERATE  STATES, 


EMBRACING  ALL  THE 


LEGISLATION  OF  CONGRESS  APPERTAINING  TO  MILITARY  AFFAIRS 
FROM  THE  FIRST  TO  THE  LAST  SESSION  INCLUSIVE, 


WITH  A  COPIOUS  INDEX. 


*i'  ^«<»i»  1^ 


J.  W.  RANDOLPH: 

121     MAIN    STREET,    RICHMOND,    VA., 
1803. 


Entered  according  to  Act  of  Congress  in  the  year  1862,  by 

J,  W.  RANIDOLFH, 

In  the  Clerk's  Office  of  the  District  Court,  of  the  Confederate  States  of  America  for  the 

Eastern  District  of  Virginia. 


FRANKLIN"    8TEAM    PRINTING    HOUSE, 
/.   t.   TOOM   A  CO  ,   PROPRIETORS. 

1868. 


/^  • 


:;  ' 


/  ^^  ■■•■• 
MILITARY  LAWS. 


An  Act  to  Provide   Munitions  of  War  and  for  other  purposes. 

Section  1.  Be  I't  enacted  by  the  Confederate  States  of  America 
in  Congress  Assembled^  That  the  President,  or  the  Secretary  of  War 
under  his  direction,  is  hereby  autliorized  and  empowered  to  make 
contracts  for  the  purchase  and  manufacture  of  heavy  ordnance  and 
small  arms ;  and  of  machinery  for  the  manufacture  or  alteration 
of  small  arms  and  munitions  of  war ;  and  to  employ  the  neces- 
sary agents  and  artisans  for  these  purposes;  and  to  make  con- 
tracts for  the  establishment  of  pOwdor  mills  and  the  manufjicture 
of  powder ;  and  the  President  is  authorized  to  make  contracts 
provided  for  in  this  act,  in  such  manner  and  on  such  terms  as  in 
his  judgment  the  public  exigencies  may  require. 

Approved  February  20,  186 1. 


An  Act  for  the  Establishment  and  Organization  of  a  General  Staff 
for  the  Arniy  of  _the  Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  from  and  after  the  passing  of  this  act,  the  general 
staff  of  the  army  of  the  Confederate  States  shall  consist  of  "an 
Adjutant  and  Inspector-General's  Department,  Quartermaster  (Ten- 
eral's  Department,  Subsistence  Department,  and  the  Medical  De- 
partment. 

Sec  2.  Be  it  further  enacted,  That  the  Adjutant  and  Inspeetor 
General's  Department  shall  consist  of  one  Adjutant  and  Inspe(t(»r 
General  with  the  rank  of  colonel,  four  Assistant  Adjutants  General 
with  the  rank  of  major,  and  four  Assistant  Adjutants  General  with 
the  rank  of  captain. 

Sec.  3.  Be  it  further  enacted,  That  the  Quartermaster  General's 
Department  shall  consist  of  one  Quartermaster  General  with  the 
rank  of  colonel,  six  Quartermasters  with  the  rank  of  major;  and 
as  many  Assistant  Quartermasters  as  may  from  time  to  time  he 
required  by  the  service  may  be  detailed  by  the  War  Departm<  nt 
from  the  subalterns  of  |lie  line,  who,  in  addition  to  tlhir  pay  in  'lie 
line,  shall  receive  twenty  dollars  per  month  while  engaged  in  lltat 

5>71  R^h9.  ' 


4  MILITARY  LAWS  OF  THE 

service.  The  quartermasters  herein  provided  for  shall  also  dis- 
charge the  duties  of  Paymasters,  under  such  regulations  as  may  be 
prescribed  by  .the  Secretary  of  War.        - 

Sec.  4.  Be  it  further  enacted^  ■■  That  the  Commissary  General's 
Department  shall  consist  of  one  Commissary  General  with  the  rank 
of  colonel,  four  Commissaries  with  the  rank  of  captain;  and  as 
many  Assistant  Commissaries  as  may  from  time  to  time  be  re- 
quired by  the  service  may  be  detailed  by  the  War  Department 
from  the  subalterns  of  the  line,  who,  in  addition  to  their  pay  in  the 
line,  shall  receive  twenty  dollars  per  month  while  engaged  in  that 
service.  The  assistant  quartermasters  and  assistant  commissaries 
sliall  be-  subject  to^  duties  in  both  departments  at  the  same  time, 
but  shall  not  receive  the  additional  compensation  but  in  one 
department. 

Sec.  5.  Be  it  further  enacted,  That  the  Medical  Department  shall 
consist  of  one  Surgeon  General  with  the  rank  of  colonel,  four  Sur- 
geons with  the  rank  of  major,  and  six  Assistant  Surgeons  with  the 
rank  of  captain ;  and  as  many  Assistant  Surgeons  as  the  service  may 
require  may  be  employed  by  the  Department  of  War,  and  receive 
the  pay  of  assistant  surgeons. 

Sec.  6.  Be  it  further  enacted,  That  the  officers  of  the  Adjutant 
General's,  Quartermaster  General's,  and  Commissary  General's  De- 
partment, though  eligible  to  command;  according  to  the  rank  they 
hold  in  the  army  of  the  Confederate  States  of  America,  shall  not 
assume  command  of  troops,  unless  put  on  duty  under  orders  which 
specially  so  direct  by  authority  of  the  President.  The  officers  of 
the  Medical  Department  shall  not  exercise  command  except  in  their 
own  department. 

Sec.  7.  Be  it  further  enacted,  That  the  staff  officers  herein  pro- 
vided for  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Congress,  and  shall  receive  such  pay  and 
allowances  as  shall  be  hereafter  established  by  law. 

Approved  February  26,  1861. 


An  Act  to  raise  Provisional  Forces  for  the  Confederate  States  of 
America,  and  for  other  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  to  enable  the  government  of  the  Confederate  States 
to  maintain  its  jurisdiction  over  all  questions  of  peace  and  war,  and 
to  provide  for  the  public  defence,  the  President  be  and  he  is  here- 
by authorized  and  directed  to  assume  control  of  all  military  ope- 
rations in  every  State,  having  niference  to  or  connection  with  ques- 
ti(jns  between  said  States,  or  any  of  them,  and  powers  foreign  to 
tiiem. 


CONFEDERATE   STATES.  5 

Sec.  2.  And  be  it  further  enacted,  That  the  President  is  hereby 
authorized  to  receive  from  the  several  States  the  arms  and  miini- 
tions  of  war  which  have  been  acquired  from  the  United  States,  and 
which  are  now  in  the  forts,  arsenals  and  navy  yards,  of  the  said 
States,  and  all  other  arms  and  munitions  which  they  may  desire 
to  turn  over  and  make  chargeable  to  this  government. 

Sec.  3.  Be  it  further  enacted^  That  the  President  be  authorized 
to  receive  into  the  service  of  this  government  such  forces  now  in 
the  service  of  said  States  as  may  be  tendered,  or  who  may  volun- 
teer, by  consent  of  their  State,  in  such  numbers  as  he  may  require, 
for  any  time  not  less  than  twelve  months,  unless  sooner  discharged. 

Sec.  4.  Be  it  further  enacted,  That  such  forces  may  be  received, 
with  their  officers,  by  companies,  battalions,  or  regiments,  and 
when  so  received  shall  form  a  part  of  the  Provisional  Army  of  the 
Confederate  States,  according  to  the  terms  of  their  enlistment; 
and  the  President  shall  appoint,  by  and  with  the  advice  and  consent 
of  Congress,  such  general  officer  or  officers  for  said  forces  as  may 
be  necessary  for  the  service. 

Sec.  5.  Be  it  further  enacted,  That  said  forces,  when  received 
into  the  service  of  this  government,  shall  have  the  same  pay  and 
allowances  as  liiay  be  provided  by  law  for  volunteers  entering  the 
service,  or  for  the  army  of  the  Confederate  States,  and  shall  be 
subject  to  the  same  rules  and  government. 

Approved  February  28,  1861. 


An  Act  to  provide  for  the  Public  Defence. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  in  order  to  provide  speedily  forces  to  repel  invasion, 
maintain  the  rightful  possession  of  the  Confederate  States  of  Amer- 
ica in  every  portion  of  territory  belonging  to  each  State,  and  to 
secure  the  public  tranquility  and  independence  against  threatened 
assault,  the  President  be  and  he  is  hereby  authorized  to  employ 
the  militia,  military  and  naval  forces  of  the  Confederate  States  of 
America,  and  to  ask  for  and  accept  the  services  of  any  number  of 
volunteers,  not  exceeding  one  huiadred  thousand,  who  may  offer 
their  services,  either  as  cavalry,  mounted  riflemen,  artillery,  or  in- 
fantry, in  such  proportion  of  these  several  arms  as  he  may  deem 
expedient,  to  serve  for  twelve  months  after  they  shall  be  mustered 
into  service,  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted,  That  the  militia,  when  called 
into  service  by  virtue  of  this  actor  any  other  act,  if  in  the  opinion 
of  the  President  the  public  interest  requires,  may  be  compelled  to 
serve  for  a  term  not  exceeding  six  months  after  they  shall  be  mus- 
tered into  service,  unless  sooner  discharged. 


71858 


6  MILITARY  LAWS  OF  THE 

Sec.  3.  And  be.  it  further  enacted,  That  said  volunteers  shall 
furnish  their  own  clothes,  and,  if  mounted  men,  their  own  horses 
and  horse  equipments  ;  and  when  mustered  into  service,  shall  be 
armed  by  the  States  from  which  they  come,  gr  by  the  Confederate 
States  of  America. 

Sec.  4.  And  be  it  further  enacted,  That  said  volunteers  shall,  when 
called  into  actual  service,  and  while "  remaining  therein,  be  subject 
to  the  rules  and  articles  of  war,  and  instead  of  clothing,  every  non- 
commissioned officer  and  private  in  any  company  shall  be  entitled, 
when  called  into  actual  service,  to  money  in  a  sum  equal  to  the 
cost  of  clothing  of  a  non-commissioned  officer  or  private  in  the  reg- 
ular army  of  the  Confederate  States  of  America. 

Skc.  5.  And  be  it  further  enacted,  That  the  said  volunteers  so 
offering  their  services  may  be  accepted  by  the  President  in  compa- 
nies, squadrons,  battalions,  and  regiments,  whose  officers  shall  be 
appointed  in  the  manner  prescribed  by  law  in  the  several  States  to 
which  they  shall  respectively  belong ;  but  when  inspected,  mustered, 
and  received  into  the  service  of  the  Confederate  States,  said  troops 
shall  be  regai-ded  in  all  respects  as  a  part  of  the  army  of  said  Con- 
federate States,  according  to  the  terms  of  their  respective  enlist- 
ments. 

Sec.  6.  And  be  it  further  enacted,  That  the  President  is  hereby 
authorized  to  organize  companies  so  tendering  their  services  into 
battalions  or  squadrons,  battalions  or  squadrons  into  regiments, 
regiments  into  brigades,  brigades  into  divisions,  whenever  in  his 
judgment  such  organization  may  be  expedient;  and  whenever  brig- 
ades or  divisions  shall  be  organized,  the  President  shall  appoint  the 
commanding  officers  for  such  brigades  and  divisions,  subject  to  the 
confirmation  of  Congress,  who  shall  hold  their  offices  only  while 
such  brigades  and  divisions  are  in  service ;  and  the  President  shall, 
if  necessary,  apportion  the  staff  and  general  officers  among  the  re- 
spective States  from  which  the  volunteers  shall  tender  their  servi- 
ces, as  he  may  deem  proper. 

Sec.  T.  And  be  it  further  enacted,  That  whenever  the  militia  or 
volunteers  are  called  and  received  into  the  service  of  the  Confeder- 
ate States,  under  the  provisions'of  this  act,  they  shall  have  the  same 
organization,  and  shall  have  the  same  pay  and  allowances  as  maybe 
provided  for  the  regular  army  ;  and  all  mounted  non-commissioned 
officers,  privates,  musicians,  and  artificers,  shall  be  allowed  forty 
cents  per  day  for  the  use  and  risk  of  their  horses ;  and  if  any  vol- 
unteer shall  not  keep  himself  provided  with  a  serviceable  horse, 
such  volunteer  shall  serve  on  foot.  For  horses  killed  in  action, 
volunteers  shall  be  allowed  compensation  according  to  their  apprais- 
ed value  at  the  date  of  muster  into  service. 

Sec.  8.  And  he  it  further  enacted.  That  the  field  and  staff  officers 
of  a  separate  battalion  of  volunteers  shall  be  one  lieutenant-colonel 


<30NFEDERATE   STATES.  7 

*  nli.J"»r,  one  adjutant  with  the  rank  of  lieutenant,. one  sergeant- 
major,  '  e  quartermaster-sergeant,  and  a  chief  bugler  or  principal 
musician,  according  to  corps;  and  that  each  company  shall  be 
entitled  to  an  additional  2d  lieutenant ;  and  that  the  Presidenr  may 
limit  the  privates  in  any  volunteer  company,  according  to  his  discre- 
tion, at  from  sixty-four  to  one  hundred. 

Sec.  9.  And  be  if  further  enacted,  That  when  volunteers  or  mi- 
litia are  called  into  the  service  of  the  Confederate  States  in  such 
numbers  that  the  officers  of  the  quartermaster,  commissary,  and 
medical  departments,  which  may  be.  authorized  by  law  for  the  reg- 
ular service,  are  not  sufficient  to  provide  for  the  supplying,  quar 
terihg,  transporting,  and  furnisliing  them  with  the  requisite  medi- 
cal attendance,  it  shall  be  lawful  for  the  President  to  appoint,  with 
the  advice  and  consent  of  the  Congress,  as  many  additional  officci^s 
of  said  departments  as  the  service  may  require,  not  exceeding  one 
commissary  and  one  quartermaster  for  each  brigade,  with  the  rank 
of  major,  and  one  assistant  quartermaster  with  the  rank  of  cap- 
tain, one  assistant  commissary  with  the  rank  of  captain,  one  suf- 
geon  and  one  assistant  surgeon  for  each  regiment ;  the  said  quar- 
termasters and  commissaries,  assistant  quartermasters  and  commis- 
saries, to  give  bonds  with  good  sureties  for  the  faithful  performance 
of  their  duties,  the  said  officers  to  be  allowed  the  same  pay  and 
emoluments  as  shall  be  allowed  to  officers  of  the  same  grade  in  the 
regular  service,  and  to  be  subject  to  the  rules  and  articles  of  war, 
and  to  continue  in  service  only  so  long  as  their  services  may  be  re- 
quired in  connection  with  the  militia  or  volunteers. 

Skc.  10.  And  be  it  further  enacted.  That  the  President  be  and  he 
is  hereby  authorized  to  purchase  or  charter,  arm,  equip,  and  man 
such  merchant  vessels  and  steamships,  or  boats,  as  may  be  found  fit 
or  easily  converted  into  armed  vessels,  and  in  such  number  as  he 
may  deem  necessary  for  the  protection  of  the  sea-board  and  the 
general  defence  of  the  country. 

Approved  March  6,  1861. 


An  Act  for  the  establishment  and  organi:^ation  of  the  Army   of 
the  Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  from  and  after  the  passage  of  this  act  the  military 
establishment  of  the  Confederate  States  shall  be  composed  of  one 
corps  of  engineers,  one  corps  of  artillery,  six  regiments  of  infan- 
try, one  regiment  of  cavalry,  ^nd  of  the  staff  departments  already 
established  hy  law.  ' 

Sec.  2.  The  corps  of  engineers  shall  consist  of  one  colonel,  four 
majors,  five  captains,  and  one  company  of  sappers,  miners,  and  pon- 


8  MILITARY  LAWS  OF  THE 

toniers,  which  shall  consist  of  ten  sergeants  or  master  workmen, 
U^n  corporals  or  overseers,  two  musicians,  and  thirty  nine  privates 
of  the  first  class,  or  artificers,  and  thirty-nine  privates  of  the  sec- 
ond class,  or  laborers,  making  in  all  one  hundred. 

Sec.  3.  The  said  company  shall  be  officered  by  one  captain  of 
the  corps  of  engineers,  and  as  many  lieutenants,  to  be  selected  by 
the  President  from  the  line  of  the  army,  as  he  may  deem  necessa- 
ry for  the  service,  and  shall  be  instructed  in  and  perform  all  the 
duties  of  sappers,  miners,  and  pontoniers,  and  shall,  moreover,  mi- 
der  the  orders  of  the  chief  engineer,  be  liable  to  serve  by  detach- 
ments in  overseeing  and  aiding  laborers  upon  fortifications  or  oth- 
er works,  under  the  engineer  department,  and  in  supervising  finish- 
ed fortifications,  as  fortkeepers,  preventing  injury  and  making  re- 
pairs. 

Sec.  4.  It  shall  be  the  duty  of  the  colonel  of  the  engineer  corps, 
subject  to  the  approval  of  the  Secretary  of  War,  to  prescribe  the 
number,  quantity,  form,  dimensions,  &;c.,  of  the  necessary  vehicles, 
arms,  pontons,  tools,  implements,  and  other  supplies  for  the  ser- 
vice of  said  company  as  a  body  of  sappers,  miners,  and  pontoniers. 

Sec.  5.  The  corps  of  Artillery,  which  shall  also  be  charged  with 
ordnance  duties,  shall  consist  of  one  colonel,  one  lieutenant  colonel, 
ten  majors,  and  forty  companies  of  artillerists  and  artificers,  and 
each  company  shall  consist  of  one  captain,  two  first  lieutenants,  one 
second  lieutenant,  four  sergeants,  four  corporals,  two  musicians,  and 
seventy  privates.  There  shall  also  be  one  adjutant,  to  be  selected 
by  the  colonel  from  the  first  lieutenants,  and  one  sergeant-major, 
to  be  selected  from  the  enlisted  men  of  the  corps.  The  President 
may  equip  as  light  batteries,  of  six  pieces  each,  such  of  these  com- 
panies as  he  may  deem  expedient,  not  exceeding  four  in  time  of 
peace. 

Sec.  6.  Each  regiment  of  infantry  shall  consist  of  one  colonel, 
one  lieutenant-cf)lonel,  one  major  and  ten  companies ;  each  compa- 
ny shall  consist  of  one  captain,  one  first  lieutenant,  two  second  lieu- 
tenants, four  sergeants,  four  corporals,  two  musicians,  and  ninety 
privates  ;  and  to  each  regiment  there  shall  be  attached  one  adjutant, 
to  be  selected  from  the  lieutenants,  and  one  sergeant-major,  to  be 
selected  from  the  enlisted  men  of  the  regiment. 

Sec.  7.  The  regiment  of  cavalry  shall  consist  of  one  colonel,  one 
licutcnant-oolonel,  one  major,  and  ten  companies,  each  of  which 
shall  consist  of  one  captain,  one  first  lieutenant,  two  second  lieu- 
tenants, four  sergeants,  four  corporals,  one  farrier,  one  blacksmith, 
two  musicians,  and  sixty  privates.  There  shall  also  be  one  adjutant 
and  one  ser<^eant-Tnaj()r,  to  be  selected  as  aforesaid. 

Sec.  8.  There  shall  be  four  brigadier-generals,  who  shall  be  as- 
signed to  such  commands  and  duties  as  the  President  may  specially 


CONFEDERATE*  STATES.  9 

direct,  and  shall  be  entitled  to  one  aid-de-camp  each,  to  be  selected 
from  the  subalterns  of  the  line  of  the  army,  who,  in  addition  to 
their  duties  as  aids-de-camp,  may  perform  the  duties  of  assistants 
adjutant-general. 

Sec.  9.  All  officers  of  the  army  shall  be  appointed  by  the  Pres- 
ident, by  and  with  the  advice  and  consent  of  the  Congress,  and 
the  rank  and  file  shall  be  enlisted  for  a  term  not  less  than  three 
nor  more  than  five  years,  under  such  rcinilations  as  may  be  estab- 
lished. 

Sec.  10.  No  ofiicer  sliall  be  appointed  in  the  army  until  he  shall 
have  passed  an  examination  satisfactory  to  the  President,  and  in 
such  manner  as  he  may  prescribe,  as  to  his  character  and  fitness  for 
the  service.  The  President,  however,  shall  have  power  to  postpone 
this  examination  for  one  year  after  appointment,  if  in  his  judg- 
ment necessary  for  the  public  interest. 

Sec.  11.  All  vacancies  in  established  regiments  and  corps,  to  and 
including  the  rank  of  colonel,  shall  be  filled  by  promotion  accord- 
ing to  seniorityj  except  in  case  of  disability  or  other  incompetency. 
Promotions  to  and  including  the  rank  of  colonel  shall  be  made  reg- 
imentally  in  the  infantry  and  cavalry,  in  the  staff*  departments,  and 
in  the  engineers  and  artillery,  according  to  corps.  Appointments 
to  the  rank  of  brigadier-general,  after  the  army  is  organized,  shall 
be  made  by  selection  from  the  army. 

Sec.  12.  The  President  of  the  Confederate  States  is  hereby  au- 
thorized to  appoint  to  the  lowest  grade  of  subaltern  officers  such 
meritorious  non-commissioned  officers  as  may,  upon  the  recom- 
mendation of  their  colonels  and  company  officers,  be  brought  be- 
fore an  army  board,  specially  convened  for  the  purpose,  and  found 
qualified  for  the  dutiea  of  commissioned  officers,  and  to  attach  them 
to  regimeiils  or  corps,  as  supernumerary  officers,  if  there  be  no  va- 
cancies :  Provided,  There  shall  not  be  more  than  one  so  attached 
to  any  one  company  at  the  same  time. 

Sec.  13.  The  pay  of  a  brigadier-general  shall  be  three  hundred 
and  one  dollars  per  month.  The  aid-de-can^p  of  a  brigadier-general, 
in  addition  to  his  pay  as  lieutenant,  shall  receive  thirty-five  dollars 
per  month. 

Sec.  14.  The  monthly  pay  of  the  officers  of  the  corps  of  engi- 
neers shall  be  as  follows  :  of  the  colonel,  two  hundred  and  ten  dol- 
lars ;  of  a  major,  one  hundred  and  sixty -two  dollars  ;  of  a  captain, 
one  hundred  and  forty  dollars;  lieutenants  serving  with  the  com- 
pany of  sappers  and  miners  shall  receive  the  pay  of  cavalry  offi- 
cers of  the  same  grade. 

Sec  15.  The  monthly  pay  of  tiie  colonel  of  the  corps  of  artil- 
lery shall  be  two  hundred  and  ten  dollars;  of  a  lieutenant-col<Miel, 
one  hnndred  and  eighty-five  dollars;  of  a  major,  one  hundred  and 


10  MILITARY  LAWS  OP  THE 

fifty  dollars,  and  when  serving  on  ordnance  duty,  one  hundred  and 
sixty -two  dollars ;  of  a  captain,  one  hundred  and  thirty  dollars  ; 
of  a  first  lieutenant,  ninety  dollars;  of  a  second  lieutenant,  eighty 
dollars,  and  the  adjutant  shall  receive  in  addition  to  his  pay  as  lieu- 
tenant, ten  dollars  per  month.  Officers  of  artillery  serving  in 
the  light  artillery,  or  performing  ordnance  duty,  shall  receive  the 
sajne  pay  as  officers  of  cavalry  of  the  same  grade. 

Sec.  16.  The  monthly  pay  of  the  officers  of  the  infantry  shall 
be  as  follows  :  of  a  colonel,  one  hundred  and  ninety-five  dollars  ; 
of  a  lieutenant-colonel,  one  hundred  and  seventy  dollars ;  of  a  ma- 
jor, one  hundred  and  fifty  dollars ;  of  a  captain,  one  hundred  and 
thirty  dollars;  of  a  first  lieutenant,  ninety  dollars;  of  a  second 
lit'utenant,  eighty  dollars ;  the  adjutant  in  addition  to  his  pay  as 
lieutenant,  ten  dollars. 

Sec.  17.  The  monthly  pay  of  the  officers  of  the  cavalry  shall  be 
as  follows  :  of  a  colonel,  two  hundred  and  ten  dollars  ;  of  a  lieu- 
tenant colonel,  one  hundred  and  eighty-five  dollars  ;  a  major,  one 
liundred  and  sixty-two  dollars;  a  captain,  one  hundred  and  forty 
dollars;  a  first  lieutenant,  one  hundred  dollars;  a  second  lieuten- 
ant, ninety  dollars  ;  the  adjutant,  ten  dollars  per  month,  in  addition 
to  his  pay  as  lieutenant. 

Sec  .18.  The  pay  of  the  officers  of  the  general  staflf",  except  those 
of  the  medical  department,  shall  be  the  same  as  that  of  officers  of 
cavalry  of  the  same  grade.  The  surgeon-general  shall  receive  an 
annual  salary  of  three  thousand  dollars,  which  shall  be  in  full  of 
all  pay  and  allowances,  except  fuel  and  quarters.  The  monthly 
pay  of  a  surgeon  of  ten  years'  service  in  that  grade,  shall  be  two 
liundred  dollars;  a  surgeon  of  less  than  ten  years'  service  in  that 
grade,  one  hundred  and  sixty-two  dollars  ;  an  assistant  surgeon  of 
ten  years'  service  in  that  grade,  one  hundred  and  fifty 'dollars;  an 
assistant  surgeon  of  five  years'  service  in  that  grade,  one  hundred 
and  thirty  dollars  ;  and  an  assistant  surgeon  of  less  than  five  years' 
service,  one  hundred  and  ten  dollars. 

Sec.  19.  "There  shall  be  allowed,  in  addition  to  the  pay  hereinbe- 
fore provided,  to  every  commissioned  officer,  except  the  surgeon- 
general,  nine  dollars  per  month  for  every  five  years'  service ;  and 
to  the  .officers  of  the  army  of  the  United  States,  who  have  resigned 
<»r  may  resign  to  be  received  into  the  service  of  the  Confederate 
States,  this  additional  pay  shall  be  allowed  from  the  date  of  their 
entrance  into  the  former  service.  There  shall  also  be  an  additional 
monthly  ;illowance  to  every  general  officer  commanding  in  chief  a 
separate  army  actually  in  the  field,  of  one  hundred  dollars. 

Sec.  20.  The  pay  of  officers  as  hereinbefore  established  shall  be 
in  full  of  all  allowances  except  forage,  fuel,  quarters,  and  traveling 
expenses  while  traveling  under  orders.     The  allowance  of  forage, 


CONFEDERATE  STATES.  11 

fuel,  and  quarters,  shall  be  fixed  by  regulations  and  shall  be  furnish- 
ed in  kind,  except  when  officers  are  serving  j£t  stations  without  troops, 
where  public  quarters  cannot  be  had,  in  which  case  they  may  be  al- 
lowed, in  lieu  of  forage,  eight  dollars  per  month  for  each  horse  to 
which  they  may  be  entitled,  provided  they  are  actually  kept  in  ser- 
vice and  mustered,  and  quarters  may  be  commuted  at  a  rate  to  be 
fixed  by  the  Secretary  of  War,  and  fuel  at  the  market  price  deliv- 
ered. An  officer  when  traveling  under  orders  shall  be  allowed 
mileage  at  the  rate  of  ten  cents  per  mile. 

Sec.  21.  In  time  of  war,  officers  of  the  army  shall  be  entitled 
to  draw  forage  for  horses,  according' to  grade,  as  follows :  A  brig- 
adier-general, four  ;  the  adjutant  and  inspector-general,  quartermas- 
ter-general, commissary-general,  and  the  colonels  of  engineers,  ar- 
tillery, infantry,  and  cavalry,  three  each  ;  all  lieutenant-colonels 
and  majors,  and  captains  of  the  general  staff,  engineer  corps,  light 
artillery,  and  cavalry,  three  .each ;  lieutenants  serving  in  the  corps 
of  engineers,  lieutenants  of  light  artillery  and  cavalry  two  each.  In 
time  of  "peace  :  general  and  field  officers,  three ;  officers  below  the 
rank  of  field  officers,  in  the  general  staff,  corps  of  engineers,  light 
artillery  and  cavalry,  two :  Provided  in  all  cases  that  the  horses  arc 
actually  kept  in  service  and  mustered.  No  enlisted  man  in  the 
service  of  the  Confederate  States  shall  be  employed  as  a  servant 
by  an  officer  of  the  army.      • 

Sec.  22.  The  m'onthly  pay  of  the  enlisted  men  of  the  army  of 
the  Confederate  States  shall  be  as  follows :  That  of  a  sergeant  or 
master  workman  of  the  engineer  corps,  thirty -four  dollars ;  that 
of  a  corporal  or  overseer,  twenty  dollars ;  privates  of  the  first  class, 
or  artificers,  seventeen  dollars ;  and  privates  of  the  second  class,  or 
laborers,  and  musicians,  thirteen  dollars.  The  sergeant-major  of 
cavalry,  twenty-one  dollars;  first-sergeants,  twenty  dollars;  ser- 
geants, seventeen  dollars  ;  corporals,  farriers  and  blacksmiths,  thir* 
teen  dollars ;  musicians,  thirteen  dollars ;  and  privates,  twelve 
dollars.  Sergeants- major  of  artillery  and  infantry,  twenty -one 
dollars;  first  sergeants,  twenty  dollars  each;  sergeants,  17 dollars; 
corporals  and  artificers,  thirteen  dollars ;  musicians,  twelve  dol- 
lars ;  and-  privates  eleven  dollars  each.  The  non-commissioned 
officers,  artificers,  musicians,  and  privates  serving  in  light  batte- 
ries, shall  receive  the  same  pay  as  those  of  cavalry. 

Sec.  23,  The  President  shall  be  authorized  to  enlist  as  many  mas- 
ter armorers,  master  carriage-makers,  master  black-smiths,  armor- 
ers, carriage-makers,  black-smiths,  artificers,  and  laborers,  for  ord- 
nance service,  as  he  may  deem  necessary,  not  exceeding  in  all  one 
hundred  men,  who  shall  be  attached  to  the  corps  of  artillery. 
The  pay  of  a  master  armorer,  master  carriage-maker,  master  black- 
smith, shall  be  thirty-four  dollars  per  month;  armorers,  carriage 


-fO  MILITARY  LAWS  OF  THE 

makers,  and  blacksmiths,  twenty  doMnrs  per  month  ;  artiHccrs, 
venteen  dollars,  and  laborers,  thirteen  dollars  per  month. 
Sec.  24.  Each  enlisted  man  of  the  army  of  the  Ci>iiro(Jcratc 
States  shall  receiNO  one  ration  per  day,  and  a  yearly  allowance  of 
clothing,  the  quantity  anrl  kind  of  each  to  be  established  by  reg- 
ulations from  the  War  Department,  to  be  apprcjved  by  tlie  Presi- 
dent. 

Skc.  25.  Rations  shall  generally  be  issued  in  kind,  but  under 
eireum stances  rcnderino;  a  commutation  necessary,  the  commn- 
tation  viilue  of  the  ration  shall  be  fixed  by  regulations  of  the  War 
De|)artnacnt,  to  be  approved  by  the  Pi-esident. 

Skc.  2(5.  The  officers  appointed  in  the  army  of  the  Confederate 
Suites  by  virtue  of  this  act,  shall  perform  all  military  duties  to 
which  they  may  be  severally  assigned  by  authority  of  the  Presi- 
dent, and  it  shall  be  the  duty  of  the  Secretary  of  War  to  prepare 
and  j)iiblish  regulations,  prescribing  the  details  of  every  depart- 
ment ii^the  service,  for  the  general  government  of  the  army,  which 
regulationsshallbeappp'^'"^  i.\  iIi.'  Pi-..<l<l..nt  .ni.l  ult.n  -m  approved 
shall  be  binding. 

Sec.  27.  All  ofllcers  of  tln'  4uarteriaastei"sand  ct>mmi.ssary  de- 
partments shall,  previous  to  entering  on  the  duties  of  their  respec- 
•  tive  offices,  give  bonds  with  good  and. sufficient  sureties  to  the  Con- 
lederate  SUites,  in  such  sum  as  the  Secretary   of  War  shall  direct, 
fully  to  account  for  all   muneys   and   public   property  which  they 
%.     may  receive. 

Sec.  28.  Neither  the  quartermaster-general,  the  commissary-gen- 
eral, nor  any  or  either  of  their  assistants,  shall  be  concerned,  di- 
rectly or  indirectly,  in  the  purchase  or  sale  of  any  articles,  intend- 
ed for,  making  a  part  <jf,  or  appertaining  to  public  supplies,  except 
for  and  on  aoer)unt  of  the  Confederate  States ;  nor  shall  they,  er 
either  of  then),  take  or  apply  to  his  or  their  own  use  any  gain  or 
emolument  for  negotiating  any  business  in  their  respective  depart- 
ments, other  than  what  is  or  may  be  allowed  by  law. 

Sec.  29.  The  Rules  and  Articles  of  War  established  by  the  laws 
of  the  United  States  of  America  for  the  government  of  the  army 
are  hereby  declared  to  be  of  force,  except  that  wherever  the  words 
** United  States"  occur,  the  words  "Confederate  States"  shall  be 
sul)stituted  therefor;  and  except  that  the  articles  of  war  numbers 
sixty-one  and  sixty-two  are  hereby  abrogated,  and  the  following 
articles  substituted  therefor: 

Article  G1.     Officers  having  brevets  or  commissions  of  a  prior 

fc  ^  date  to  those  of  the  corps  in  which   tiiey   serve  will  take  place  on 

J^'courts-martial  or  "of  inquiry,  and   on  boards  <letailed  for  military 

^^   purposes,  when  composed  of  different  corps,  according  to  the  ranks 

given  them  in  their  brevet  or  former  commissions,  but  in  the  regi- 


CONFEDERATE   STATES.  13 

ment,  corps,  or  company  to  which  such  officers  belong,  thoy  shall 
do  duty  and  take  rankj  both  in  courts, and  on  boards  as  aforesaid, 
which  shall  be  composed  of  their  own  corps,  according  to  the  com- 
mission by  which  they  are  there  mustered. 

Article  62.  If,  upon  marches,  guards^  or  in  quarters,  different 
corps  shall  happen  to  join  or  do  duty  together,  the  officer  highest 
in  rank,  .according  to  the  commission  by  which  he  is  mustered  in 
the  army,  navy,  marine  corps,  or  militia,  there  on  duty  by  orders 
from  competent  authority,  shall  command  the  whole  and  give  or- 
ders for  what  is  needful  for  the  service,  unless  otherwise  directed 
by  the  President  of  the  Confederate  States  in  orders  of  special  as- 
signment providing  for  the- case. 

Sfx'.  30.  The  President  shall  call  into  the  service  of  the  Confed- 
erate States  only  so  many  of  the  troops  herein  provided  for  as  he 
may  deem  the  safety  of  the  Confederacy  may  require. 

Sec.  ,31.  All  laws  or  parts  of  laws  .of  the  United  States,  which 
have  been  adopted  by  the  Congress  of  the  Confederate  States,  re- 
pugnant to  or  inconsistent  with  this  act,  are  hereby  repealed. 

Apjpkoved  March  6,  18()1. 


An  Act  making  appropriations  for  the  support  of  Thre^  Thousand 
Men  for  twelve  months,  to  be  called  into  service  at  Charleston, 
South  Carolina,  under  the  third  and  fourth  sections  of  an  Act  of 
the  Congress  "To  raise  Provisional  Forces  for  the  Confederate 
States  of  America  and  for  other  purposes." 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  following  appropriations  be  made  for  the  support 
of  the  provisional  troops  called  into  service  by  the  act  aforesaid  : 
Pay  of  the  troops,  six  hundred  and  fifty-eight  thousand  six  hundred 
and  eighty  dollars.  Forage  for  officers'  horses  and  quartermaster's 
animals  and  eavalry  horses,  twenty  thousand  six  hundred  and  sixty- 
two  d(»llars.  Subsistence  for  troops,  two  hundred  and  seventy  thou- 
sand dollars.  Clothing  for  the  troops,  two  hundred  thousand  dol- 
lars. Camp  and  garrison  equipage,  eighteen  thousand  two  hundred 
and  sixty -seven  dollars  and  seventy-two  cents.  Supplies  for  the 
quartermaster's  department,  seventy-six  thousand  one  hundred  and 
sixty  dollars.  Fuel  for  troops  and  hospitals,  fifty-nine  thousand 
nine  hundred  and  ninety-seven  dollars;  medical  and  hospital  de- 
partment, twenty  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  additional  sum  of 
eight  hundred  and  sixty  thousand  two  hundred  and  twenty-eight 
dollars  and  forty-(ive  cents  is  hereby  appropriated  for  the  support 
of  two  thousand  additional  troops  to  be  called  into  the  service  of 
the  Confederate  States  for  twelve  mcniths,  at  Charleston,  South 


14  MILITARY  LAWS  OF  THE 

Carolina,  whenever,  in  the  discretion  of  the  President,  their  servi- 
ces may  be  required. 

Approved  March  11,  1861. 


^,     he 


An  Act  amendatory  of  an  Act  for  the  organization  of  the  Staff 
Departments  of  the  Army,  and  an  Act  for  the  establishment  and 
organization  of  the  Army  of  the  Confederate  States  of  America. 

Section  1.  The  Co7igres^  of  the  Confederate  States  of  America 
do  e?iact,  That  the  adjutant  and  inspector-general's  department  shall 
consist  of  two  assistant  adjutants-general  with  the  rank  of  lieuten- 
ant-coloiiol,  two  assistant  adjutants-general  with  the  rank  of  major, 
and  four  assisUtnt  adjutants-general  with  the  rank  of  captain. 

Skc.  2.  Be  it  further  enacted,  That  there  shall  be  added  one 
brigadier-general  to  those  heretofore  authorized  by  law,  and  that 
any  one  of  the  brigadier-gc^ierals  of  the  army  of  the  Confederate 
States  may  be  assigned  to  the  duty  of  adjutant  and  inspector-gen- 
eral, at  the  discretion  of  the  President. 

Sec.  3.  Be  it  further  enacted,  That  the  quarter-master-general's 
department  shall  consist  of  one  quartermaster-general  with  the 
rank  of  colonel,  one  tissistant  quartermaster-general  with  the  rank 
of  lieutenant-colonel,  four  assistant  quartermasters  with  the  rank 
of  major,  and  such  other  officers  in  that  department  as  are  already 
provided  by  law. 

Sec.  4.  Be  it  further  enacted,  That  the  commissary-general's  de- 
partment shall  consist  of  one  commissary-general  with  the  rank  of 
colonel,  one  commissary  with  the  rank  of  lieutenant-colonel,  one 
commissary  with  the  rank  of  major,  and  three  commissaries  with 
the  rank  of  captain ;  and  as  many  assistant  commissaries  as  may 
from  time  to  time  be  required  by  the  service  may  be  detailed  by 
the  War  Department  from  the  suljalterns  of  the  line,  who,  in  ad- 
dition to  their  pay  in  the  line,  shall  receive  twenty  dollars  per 
month  while  engaged  in  that  service. 

Sec.  5.  Be  it  farther  enacted,  That  in  all  cases  of  officers  who 
have  resigned,  or  who  may  within  six  months  tender  their  resigna- 
tions from  the  army  of  the  United  States,  and  who  have  been  or 
may  be  appointed  to  original  vacancies  in  the  army  of  the  Confed- 
erate States,  the  commissions  issued  shall  bear  one,  and  the  same 
date,  so  that  the  relative  rank  of  officers  of  each  grade  shall  be  de- 
termined by  their  former  commissions  in  the  United  States  army, 
held  anterior  to  the  secession  of  these  Confederate  States  from  the 

nited  States. 

Sec  6.  Be  it  further  enacted,  That  every  officer,  non-commis- 
sioned officer,  musician  and  private,  shall   take  and  subscribe  the 


CONFEDERATE   STATES.  15 

following  oath  or  affirmation,  to-w it :  I,  A.  B.,  do  solenmnly  swear 
or  affirm  (as  the  case  may  be)  that  while  I  continue  in  the  service 
I  will  bear  true  faith  and  yield  obedience  to  the  Confederate  States 
of  America,  and  that  I  will  serve  them  honestly  and  faithfully 
against  their  enemies,  and  that  I  will  observe  and  obey  the  orders 
of  the  President  of  the  Confederate  States,  and  the  orders  of 
the  officers  appointed  over  me,  according  to  the  rules  and  articles 
of  war.     . 

Sec.  7.  Be  it  further  enacted^  That  all  laws  and  parts  of  laws 
militating  against  this  act  be  and  the  same  are  hereby  repealed. 

Approved  March  14, 1861. 


An  Act  to  provide  for  the  appointment  of  Chaplains  in  the  Army. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  there  shall  be  appointed  by  the  President  such  num- 
ber of  chaplains,  to  serve  with  the  armies  of  the  Confederate  States 
during  the  existing  war,  as  he  may  deem  expedient ;  and  the  Pres- 
ident shall  assign  them  to  such  regiments,  brigades,  or  posts  as  he 
may' deem  necessary;  and  the  appointments  made  as  aforesaid 
shall  expire  whenever  the  existing  war  shall  terminate. 

Sec.  2.  The  monthly  pay  of  said   chaplains  shall  be  eighty-five 
dollars ;  and  said  pay  shall  be  in  full  of  all  allowances  whatever. 
Approved  May  3,  1861. 


An  Act  providing  for  "sl  Regiment  of  Zouaves  in  the  Army  of 

the  Confederate  States. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  there  shall  be  added  to  the  military  establishment 
of  the  Confederate  States  one  regiment  of  Zouaves,  to  be  composed 
of  one  colonel,  one  lieutenant-colonel,  one  major,  and  ten  compa- 
nies ;  and  each  company  shall  consist  of  one  captain,  one  first  lieu- 
tenant, two  second  lieutenants,  one  sergeant-major,  one  quartermas- 
ter's-sergeant,  four  sergeants,  eight  corporals,  and  ninety  pri- 
vates. And  to  the  regiment  there  shall  be  attached  one  adjutant 
and  a  quartermaster,  to  be  selected  from  the  lieutenants.  And 
one  assistant  surgeon  i^hall  be  appointed  for  the  regiment,  in  addi- 
tion to  those  already  authorized  by  law  for  the  medical  depart- 
ment. The  monthly  pay  of  the  officers  of  the  regiment  of  Zou- 
aves shall  be  the  same  as  that  of  officers  of  infontry  of  the  same 
rank  ;  the  allowances  shall  also  be  the  same  as  those  provided  by 
law  for  officers  of  infantry  ;  and  the  adjutant  and  quartermaster 
shall  receive  ten  dollars  per  month  in  addition  to  their  pay  as  lieu- 
tenants.    The  monthly  pay  of  the  enlisted  men  of   said  regiment 


16  MILITARY  LAWS  OF  THE 

of  Zouaves  shall  be  as  follows:  sergeants-major  and  qiiartormas- 
ter's-sergeants,  twenty  dollarg  ;  sergeants,  seventeen  dollars  ;  cor- 
porals, thirteen  dollars ;  and  privates  eleven  dollars  each  ;  together 
with  the  same  rations  and  allowance  for  clothing  as  are  received  by 
all  other  enlisted  men. 
Approved  May  4.  1861. 


An  Act  to  raise  an  additional  Military-  Force  to  serve 'during  the 

War. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  in  addition. to  the  volunteer  force  authorized  to  be 
raised  under  existing  laws,  the  President  be  and  he  is  hereby  au- 
thorized to  accept  the  services  of  volunteers  who  may  offer  their 
services,  without  regard  to  the  place  of  enlistment,  either  as  cayal- 
ry,  mounted  riflemen,  artillery,  or  infantry,  in  such  proportion  of 
these  several  arms  as  he  may  deem  expedient,  to  serve  for  and 
during  the  existing  war,  unle'ss  sooner  discharged. 

Sec.  2.  That  the  volunteers  so  offering  their  services  may  be  ac- 
cepted by  the  President  in  companies,  to  be  organized  by  him  in- 
to squadrons,  battalions,  or  regiments.  The  President  shall  ap- 
point all  the  field  and  staff  officers,  but  the  company  officers  shall 
be  elected  by  the  men  composing  the  company ;  and  if  accepted, 
the  officers  so  elected  shall  be  commissioned  by  the  President. 

Sec.  3.  That  any  vacancies  occurring  in  the  ranks  -of  the  several 
companies  mustered  into  service  under  the  provisions  of  this  act, 
may  be  filled  by  volunteers  accepted  under  the  rules  of  such  com- 
panies; and  any  vacancies  occurring  in  the  officers  of  such  com- 
panies shall  be  filled  by  elections  in  accordance  with  the  same  rules. 

Sec.  4.  Except  as  herein  differently  provided,  the  volunteer  for- 
ces hereby  authorized  to  be  raised  shall  in  all  regards  be  subject  to 
auct  organized  in  accordance  with  the  provisions  of  'An  act  to  pro- 
vide for  the  public  defence,"  and  all  other  acts  for  the  government 
of  the  armies  of  the  Confederate  States. 

Approved  May  8,  1861. 


An  Act  to  make  further  provision  for  the  Public  Defence. 

Whereas,  War  exist-s  between  the  United  States  and  the  Con- 
federate States;  and  whereas  the  public  welfare  may  require  the 
reception  of  volunteer  forces  into  the  service  of  the  Confederate 
States,  witlwut  the  formality  and  delay  of  a  call  upon  the  respec- 
tive Stnt(^s  : 

Section  1.  The  Congress  of  the  Confed<rate  States  of  America 
do  enact,  That'  the  President  be  authorized  to  receive  into  the  ser- 
vice such  companies,  battalions,  or  regiments,  either  mounted  or 


CONFEDERATE   STATES.  17 

on  foot,  as  may  tender  themselves,  and  he  may  require,  without 
the  delay  of  a  formal  call  upon  the  respective  States,  to  serve  for 
such  time  iis  he  may  prescribe. 

Sec.  2.  Such  volunteer  forces  who  may  be  accepted  under  this 
act,  except  as  herein  differently  provided,  shall  be  organized  in  ac- 
cordance with  and  subject  to  all  the  provisions  of  the  act  entitled 
"  An  act  to  provide  for  the  public  defence,"  and  be  entitled  to  all 
the  allowances  provided  therein  ;  and  when  mustered  into  service, 
may  be  attached  to  such  divisions,  brigades,  or  regiments  as  the 
President  may  direct,  or  ordered  upon  such  independent  or  detach- 
ed service  as  the  President  may  deem  expedient ;  provided,  how- 
ever, that  battalions  and  regiments  may  be  enlisted  from  States 
not  of  the  Confederacy,  and  the  President  may  appoint  all  or  any 
of  the  field  officers  thereof. 

Sec.  3.  The  President  shall  be  authorized  to  commission  all  offi- 
cers entitled  to  commissions,  of  such  volunteer  forces  as  may  be 
received  under  the  provisions  of  this  act.  And  upon  the  request 
of  the  officer  commanding  such  voluitteer  regiment,  battalion,  or 
company,  the  President  may  attach  a  supernumerary  officer  to  each 
company,  detailed  from  the  regular  army  for  that  purpose,  and  for 
such  time  as  the  President  may  direct. 

Approved  May  11,  1861. 


An  Act  to  amend  "An  Act  to  provide  for  the  Public  Defence," 
approved  March  6,  1861. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  may  receive  into  the  service  of  the 
Confederate  States  any  company  of  light  artillery,  which  by  said 
act  he  is  authorized  to  do,  with  such  complement  of  officers  and 
men,  and  with  such  equipments  as  to  him  shall  seem  proper ;  any- 
thing in  said  act  of  the  6th  of  March,  1861,  to  the  contrary,  not- 
withstanding. 

Approved  May  10,  1861. 

An  Act  recognizing  the  existence  of  War  between  the  United 
■y,  States  and  the  Confederate  States ;  and  concerning  Letters  of 
Marque,  Prizes,  and  Prize  Goods. 

Whereas,  The  earnest  efforts  made  by  this  government  to  es- 
tablish friendly  relations  between  the  government  of  the  United 
States  and  the  Confederate  States,  and  to  settle  all  questions  of 
disagreement  between  the  two  governments  upon  principles  of  right, 
justice,  equity,  and  good  faith,  have  proved  unavailing  by  reason 
of  the  refusal  of  the  government  of  the  United  States  to  hold  any 

A** 


18  MILITARY  LAWS  OF  THE 

intercourse  with  the  commissioners  appointed  by  this  government 
for  the  purposes  aforesaid,  or  to  listen  to  any  proposals  they  had 
to  make  for  the  peaceful  solution  of  all  causes  of  difficulty  between 
the  two  governments ;  and  whereas,  the  President  of  the  United 
States  of  America  has  issued  his  proclamation  making  requisition 
upon  the  States  of  the  American  Union  for  seventy-five  thousand 
men  for  the  purpose,  as  therein  indicated,  of  capturing  forts  and 
other  strongholds  within  the  jurisdictipn  of  and  belonging  to  the 
Confederate  States  of  America,  and  has  detailed  naval  armaments 
upon  the  coasts  of  the  Confederate  States  of  America,  and  raised, 
organized,  and  equipped  a  large  military  force  to  execute  the  pur- 
pose aforesaid,  and  has  issued  his"  other  proclamation  announcing 
his  purpose  to  set  on  foot  a  blockade  of  the  ports  of  the  Confeder- 
ate States :  and  whereas,  the  State  of  Virginia  has  seceded  from 
the  Federal  Union  and  entered  into  a  convention  of  alliance  offen- 
sive and  defensive  with  the  Confederate  States,  and  has  adopted 
the  Provisional  Constitution  of  the  said  States,  and  the  States  of 
Maryland,  North  Carolina,'  Tennessee,  Kentucky,  Arkansas,  and 
Missouri,  have  refused,  and  it  is  believed  that  the  State  of  Dela- 
ware and  the  inhabitants  of  the  territories  of  Arizona  and  New 
Mexico,  and  the  Indian  territory  South  of  Kansas,  will  refuse  to 
co-operate  with  the  government  of  the  United  States  in  these  acts 
of  hostilities  and  wanton  aggression,  which  are  plainly  intended  to 
overawe,  oppress  and  finally  subjugate  the  people  of  the  Confeder- 
ate States :  and  whereas,  by  the  acts  and  means  aforesaid,  war  ex- 
ists between  the  Confederate  States  and  the  government  of  the  U- 
nited  States,  and  the  States  and  territories  thereof,  except  the  States 
of  Maryland,  North  Carofina,  Tennessee,  Kentucky,  Arkansas, 
Missouri,  and  Delaware,  and  the  territories  of  Arizona  and  New 
Mexico,  and  the  Indian  territory  South  of  Kansas  :  Therefore, 

Section  1.  The  Congress  of  the  Confederate  ^States  of  America 
do  enact,  That  the  President  of  the  Confederate  States  is  hereby 
authorized  to  use  the  whole  land  and  naval  force  of  the  Confeder- 
ate vStates  to  meet  the  war  thus  commenced,  and  to  issue  to  private 
armed  vessels  commissions,  or  letters  of  marque  and  general  re- 
prisal, in  such  form  as  he  shall  think  proper,  under  the  seal  of  the 
Confederate  States,  against  the  vessels,  goods,  and  effects  of  the 
government  of  the  United  States,  and  of  the  citizens  or  inhabitants 
of  the  States  and  territories  thereof :  Provided,  however,  That  prop- 
erty of  the  enemy  (unless  it  be  contraband  of  war)  laden  on  board 
a  neutral  vessel,  shall  not  be  subject  to  seizure  under  this  act :  And 
provided  further,  That  vessels  of  the  citizens  or  inhabitants  of 
the  United  States  now  in  the  ports  of  the  Confederate  States, 
except  svich  as  have  been  since  the  5th  of  April  last,  or  may 
hereafter  be,  in  the  service  of  the  government  of  the  United  States, 


CONFEDERATE   STATES.  19 

shall  be  allowed  thirty  days  after  the  publication  of  this  act  to  leave 
said  ports  and  reach  their  destination  ;  and  such  vessels  and  their 
,' cargoes,  excepting  articles  contraband  of  war,  shall  not  be  subject 
to  capture  under  this  act  during  said  period,  unless  they  shall  have 
previously  reached  the  destination  for  which  they  were  bound  on 
leaving  said  ports. 

Sec.  2.  That  the  President  of  the  Confederate  States  shall  be 
and  he  is  hereby  authorized  and  empowered  to  revoke  and  annul, 
at  pleasure,  all  letters  of  marque  and  reprisal  which  he  may  at  any 
time  grant  pursuant  to  this  act. 

Sec.  3.  That  all  persons  applying  for  letters  of  marque  and  re- 
prisal, pursuant  to  this  act,  shall  state  in  writing  the  name  and  a 
suitable  description  of  the  tonnage  and  force  of  the  vessel,  and  the 
name  and  place  of  residence  of  each  owner  concerned  therein,  and 
the  intended  number  of  the  crew  ;  which  statement  shall  be  signed 
by  the  person  or  persons  making  such  application,  and  filed  with 
the  Secretary  of  State,  or  shall  be  delivered  to  any  other  officer  or 
person  who  shall  be  employed  to  deliver  out  such  commissions,  to 
be  by  him  transmitted  to  the  Secretary  of  State. 

Sec.  4.  That  before  any  commission  or  letters  of  marque  and 
reprisal  shall  be  issued  as  aforesaid,  the  owner  or  owners  of  the 
ship  or  vessel  for  which  the  same  shall  be  requested,  and  the  com- 
mander thereof  for  the  time  being,  shall  give  bond  to  the  Confed- 
erate States,  with  at  least  two  responsible  sureties  not  interested 
in  such  vessel,  in  the  penal  sum  of  five  thousand  dollars,  or  if  such 
vessel  be  provided  with  more  than  one  hundred  and  fifty  men,  then 
in  the  penal  sum  of  ten  thousand  dollars,  with  condition  that  the 
owners,  officers,  and  crew  who  shall  be  employed  on  board  such 
commissioned  vessel,  shall  and  will  observe  the  laws  of  the  Con 
federate  States,  and  the  instructions  which  shall  be  given  them  ac-^ 
cording  to  la;w  for  the  regulation  of  their  conduct,  and  will  satisfy 
all  damages  and  injuries  which  shall  be  done  or  committed  contra- 
ry to  the  tenor  thereof,  by  such  vessel  during  her  commission,  and 
to  deliver  up  the  same  when  revoked  by  the  President  of  the  Con- 
federate States. 

Sec.  5.  That  all  captures  and  prizes  of  vessels  and  property  shall 
be  forfeited  and  shall  accrue  to  the  owners,  officers,  and  crews  of 
the  vessels  by  whom  such  captures  and  prizes  shall  be  made,  and 
on  due  condemnation  had,  shall  be  distributed  according  to  any 
written  agreement  M'hich  shall  be  made  between  them ;  ^nd  if  there 
be  no  such  written  agreement,  then  one  moiety  to  the  owners  and 
the  other  moiety  to  the  officers  and  crew,  as  nearly  as  may  be  accord- 
ing to  the  rules  prescribed  for  the  distribution  of  prize  ffiioney  by 
the  laws  of  the  Confederate  States. 

Sec.  6.  That  all  vessels,  goods  and  efl^ects,  the  property  of  any 
citizen  of  the  Confederate  States,  or  of  persons  resident  within  and 


20  MILITARY  LAWS  OF  THE 

ynder  the  protection  of  the  Confederate  -States,  or  of  persons  per- 
pianently  within  the  territories  and  under  the  protection  of  any- 
foreign  prince,  government  or  State  in  amity  with  the  Confederate^ 
States,  which  shall  hare  been  captured  by  the  United  States,  and 
which  shall  be  re-captured  by  vessels  commissioned  as  aforesaid, 
shall  be  restored  to  the  lawful  owners,  upon  payment  by  them  of 
a  just  and  reasonable  salvage,  to  be  determined  by  the  mutual  agree- 
ment of  the  parties  concerned,  or  by  the  decree  of  any  court  hav- 
ing jurisdiction,  according  to  the  nature  of  the  case,  agreeably  to 
the  provisions  established  by  law.  And  such  salvage  shall  be  dis- 
tributed among  the  owners,  officers,  and  crews  of  the  vessels  com- 
missioned as  aforesaid,  and  making  such  captures,  according  to  any 
•written  agreement  which  shall  be  made  between  them ;  and  in  case 
of  no  such  agreement,  then  in  the  same  manner  and  upon  the  prin- 
ciples hereinbefore  provided  in  cases  of  capture. 

Sec.  7.  That  before  breaking  bulk  of  any  vessel  which  shall  be 
captured  as  aforesaid,  or  other  disposal  or  conversion  thereof,  or  of 
any  articles  which  shall  be  found  on  board  the  same,  such  captured 
vessel,  goods  or  effects,  shall  be  brought  into  some  port  of  the  Con- 
federate States,  or  of  a  nation  or  State  in  amity  with  the  Confed- 
erate States,  and  shall  be  proceeded  against  before  a  competent  tri- 
bunal; and  after  condemnation  and  forfeiture  thereof  shall  belong 
to  the  owners,  officers,  and  crew  of  the  vessel  capturing  the  same, 
and  be  distributed  as  before  provided ;  and  in  the  case  of  all  cap- 
tured vessels,  goods  and  effects  which  shall  be  brought  within  the 
jurisdiction  of  the  Confederate  States,  the  district  courts  of  the 
Confederate  States  shall  have  exclusive  original  cognizance  thereof, 
as  in  civil  causes  of  admiralty  and  maritime  jurisdiction ;  and  the 
said  courts,  or  the  courts,  being  courts  of  the  Confederate  States, 
into  which  such  cases  shall  be  removed,  and  in  which  they  shall  be 
finally  decided,  shall  and  may  decree  restitution  in  whole  or  in  part, 
when  the  capture  shall  have  been  made  without  just  cause.  And 
if  made  without  probable  cause,  may  order  and  decree  damages 
and  costs  to  the  party  injured,  for  which  the  owners  and  command- 
ers of  the  vessels  making  such  captures,  and  also  the  vessels,  shall 
be  liable. 

Sec.  8.  That  all  persons  found  on  board  any  captured  vessels,  or 
on  board  any  re-captured  vessel,  shall  be  reported  to  the  collector 
of  the.  port  in  the  Confederate  States  in  which  they  shall  first  ar- 
rive, and  shall  be  delivered  into  the  custody  of  the  marshal  of  the 
district,  or  some  court  or  military  officer  of  the  Confederate  States, 
or  of  any  State  in  or  near  such  port  who  shall  take  charge  of  their 
safe  keeping  and  support,  at  the  expense  of  the  Confederate 
States. 

Sec.  9.  That  the  President  of  the  Confederate  States  is  hereby 
authorized  to  establish  and  order  suitable  instructions  for  the  bet- 


-at  CONFEDERATE   STATES.  21 

ter  governing  and  directing  the  conduct  of  the  vessels  so  commis- 
sioned, their  officers  and  crews,  copies  of  which  shall  be  delivered 
by  the  collector  of  the  customs- to  the  commanders,  when  they 
shall  give  bond  as  provided. 

Sec.  10.  That  a  bounty  shall  be  paid  by  the  Confederate  States 
of  $20  for  each  person  on  board  any  armed  ship  or  vessel  belong- 
ing to  the  United  States  at  the  commencement  of  an  engagement, 
which  shall  be  burnt,  sunk,  or  destroyed  by  any  vessel  commis- 
sioned as  aforesaid,  which  shall  be  of  equal  or  inferior  force,  the 
same  to  be  divided  as  in  other  cases  of  prize  money  ;  and  a  boun- 
ty of  $25  shall  be  paid  to  the  owners,  officers,  and  crews  of  the 
private  armed  vessels  commissioned  as  aforesaid,  for  each  and  ev- 
ery prisoner  by  them  captured  and  brought  into  port,  and  deliver- 
ed to  an  agent  authorized  to  receive  them,  in  any  port  of  the  Con- 
federate States ;  and  the  Secretary  of  the  Treasviry  is  hereby  au- 
thorized to  pay  or  cause  to  be  paid  to  the  owners,  officers,  and  crews 
of  such  private  armed  vessels  commissioned  as  aforesaid,  or  their 
agent,  the  bounties  herein  provided. 

Sec.  11.  That  the  commanding  officer  of  every  vessel  having  a 
commission  or  letters  of  marque  and  reprisal,  during  the  present 
hostilities  between  the  Confederate.  States  and  the  United  States, 
shall  keep  a  regular  journal,  containing  a  true  and  exact  account 
of  his  daily  proceedings  and  transactions  with  such  vessel  and  the 
crew  thereof;  the  ports  and  places  he  shall  put  into  or  cast  anchor 
in  y  the  time  of  his  stay  there  and  the  cause  thereof;  the  prizes  he 
shall  take  and  the  nature  and  probable  value  thereof;  the  times 
and  places  when  and  where  taken,  and  in  what  manner  he  shall  dis- 
pose of  the  same ;  the  ships  or  vessels  he  shall  fall  in  with ;  the 
times  and  places  when  and  where  he  shall  meet  with  them,  and  his 
observations  and  remarks  thereon ;  also,  of  whatever  else  shall 
occur  to  him  or  any  of  his  officers  or  marines,  or  be  discovered  by 
examination  or  conference  with  any  marines  or  passengers  of  or 
in  any  other  ships  or  vessels,  or  by  any  other  means  touching  the 
fleets,  vessels,  and  forces  of  the  United  States,  their  posts  and  pla- 
ces of  station  and  destination,  strength,  numbers,  intents,  and  de- 
signs ;  and  such  commanding  officer  shall,  immediately  on  his  ar- 
rival in  any  port  of  the  Confederate  States,  from  or  during  the 
*  continuance  of  any  voyage  or  cruise,  produce  bis  commission  for 
such  vessel,  and  deliver  up  such  journal  so  kept  as  aforesaid,  sign- 
ed with  his  proper  name  and  hand-writing,  to  the  collector  or  oth- 
er chief  officer  of  the  customs  at  or  nearest  to  such  port ;  the  truth 
of  which  journal  shall  be  verified  by  the  oath  of  the  commanding 
officer  for  the  time  being.  Andsuch  collector  or  other  chief  offi'- 
cer  of  the  customs  shall,  immediately  on  the  arrival  of  such  vessel, 
order  the  proper  officer  of  the  customs  to  go  on  board  and  take  an 


22  MILITARY  LAWS  OF  THE  ^ 

account  of  the  officers  and  men,  the  number  and  nature  of  the  guns, 
and  whatever  else  shall  occur  to  him  on  examination  material  to  be 
known ;  and  no  such  vessel  shall  be  permitted  to  sail  out  of  port 
again  until  such  journal  shall  have  been  delivered  up,  and  a  certifi- 
cate obtained  under  the  hand  of  such  collector  or  other  chief  officer 
of  the  customs  that  she  is  manned  and  armed  according  to  her  com- 
mission ;  and  upon  delivery  of  such  certificate,  any  former  certifi- 
cate of  a  like  nature  which  shall  have  been  obtained  by  the  com- 
mander of  such  vessel  shall  be  delivered  up. 

Sec.  12.  That  the  commanders  of  vessels  having  letters  of  marque 
and  reprisal  as  aforesaid,  neglecting  to  keep  a  journal  as  aforesaid, 
or  willfully  making  fraudulent  entries  therein,  or  obliterating  the 
record  of  any  material  transaction  contained  therein,  where  the 
interest  of  the  Confederate  States  is  concerned,  or  refusing  to  pro- 
duce and  deliver  such  journal,  commission  or  certificate,  pursuant 
to  the  preceeding  section  of  this  act,  then  and  in  such  cases  the 
commissions  or  letters  of  marque  and  reprisal  of  such  vessels  shall 
be  liable  to  be  revoked  ;  and  such  commanders  respectively  shall 
forfeit  for  every  such  ofiense  the  sum  of  $1,000,  one  moiety  there- 
of to  the  use  of  the  Confederate  States,  and  the  other  to  the  in- 
former. 

Sec.  13.  That  the  owners  or  commanders  of  vessels  having  let- 
ters of  marque  and  reprisal  as  aforesaid,  who  shall  violate  any  of 
the  acts  of  Congress  for  the  collection  of  the  reveYiue  of  the  Con- 
federate States,  and  for  the  prevention  of  smuggling,  shall  forfeit 
the  commission  or  letters  of  marque  and  reprisal,  and  they  and  the 
vessels  owned  or  commanded  by  them  shall  be  liable  to  all  the 
penalties  and  forfeitures  attaching  to  merchant  vessels  in  like 
cases. 

Sec.  14.  That  on  all  goods,  wares  and  merchandise  captured  and 
made  good  and  lawful  prizes  of  war,  by  any  private  armed  ship 
liaving  commission  or  letters  of  marque  and  reprisal  under  this 
act,  and  brought  into  the  Confederate  States,  there  shall  be  allowed 
a  deduction  of  33  1-3  per  cent,  on  the  amount -of  duties  imposed  by 
law. 

Sec.  1-5.  That  five  per  centum  on  the  net  amount  (after  deduct- 
ing all  charges  and  expenditures)  of  the  prize  money  arising  from 
captured  vessels  and  cargoes,  and  on  the  net  amount  of  the  salvage 
of  vessels  and  cargoes  re-captured  by  private  armed  vessels  of 
the  Confederate  States,  shall  be  secured  and  paid  over  to  the  col- 
lector or  other  chief  officer  of  the  customs,  at  the  port  or  place  in 
the  Confederate  States  at  which  such  captured  or  re-captured  ves- 
sels may  arrive,  or  to  the  consul  or  other  public  agent  of  the  Con- 
federate States  residing  at  the  port  or  place  not  within  the  Confed- 
erate Stales  at  which  such  captured  or  re-captured  vessel  may  ar- 


CONFEDERATE    STATES.  23 

rive.  And  the  moneys  arising  therefrom  shall  be  held  and  are 
hereby  pledged  by  the  government  of  the  Confederate  States  as  a 
flmd  for  the  support  and  maintenance  of  the  widows  and  orphans 
of  such  pers(^>ns  as  may  be  slain,  and  i\)r  the  support  and  mainten- 
ance of  such  persons  as  may  be  wounded  and  disabled  on  board  of 
the  private  armed  vessels  commissioned  as  aforesaid,  in  any  en- 
gagement with  the  enemy,  to  be  assigned  and  distributed  in  such 
manner  as  shall  hereafter  be  provided  by  law. 
Approved  May  6,  1861. 


An  Act  to  increase  the  Military  establishment  of  the  Confederate 
States,  and  to  amend  the  "Act  for  the  establishment  and  organi- 
zation of  the  Army  of  the  Confederate  States  of  America." 

Section  1.  The  Conqress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  shall  be  authorized  to  raise  and  organ- 
ize, in  addition  tf>  the  present  military  establishment,  one  regiment 
of  cavalry  and  two  regiments  of  infantry,  whenever  in  his  judgment 
the  public  service  may  require  such  an  increase,  to  be  organized  in 
accordance  with  existing  laws  for  the  organization  of  cavalry  and  in- 
fantry regiments,  and  to  be  entitled  to  the  same  pay  and  allowances 
provided  for  the  same  respectively. 

Sec.  2.  That  the  five  general  officers  provided  by  existing  laws 
for  the  Confederate  States,  shall  have  the  rank  and  denomination 
of  ''General,"  instead  of  "Brigadier-General,"  which  shall  be  the 
highest  military  grade  known  to  the  Confederate  States.  They  shall 
be  assigned  to  such  commands  and  duties  as  the  President  may 
specially  direct,  and  shall  be  entitled  to  the  same  pay  and  allowan- 
ces as  are  provided  for  brigadier-generals,  and  to  two  aids-de-camp, 
to  be  selected  as  now  provided  by  law\  Appointments  to  the  rank 
of  general,  after  the  army  is  organized,  shall  be  made  by  selection 
from  the  army. 

Sec.  3.  That  the  President  be  authorized,  whenever  in  his  judg- 
ment the  public  service  may  require  the  increase,  to  add  to  the 
corps  of  engineers  one  lieutenant  colonel,  who  shall  receive  the -pay 
and  allowances  of  a  lieutenant  colonel  of  cavalry,  and  as  many 
captains,  not  exceeding  five,  as  may  be  necessary. 

Sec.  4.  That  there  be  added  to  the  quartermaster  general's  de- 
partment one  assistant  quartermaster  general,  with  the  rank  of  lieu- 
tenant colonel,  and  two  quartermasters,  with  the  rank  of  major ; 
and  to  the  commissary  general's  department,  oneassislant  commis- 
sary, with  the  rank  of  major,  and  one  assistant  commissary,  with 
the^-ank  of  captain;  and  to  the  m<'dieal  department,  six  surgeons 
and  fourteen  assistant  surgeons. 

Sec.  5.  That  the  President  be,  authorized  to  appoint  as  many 
military  store-keepers,  with  the  pay  and  allowances  of  a  first  lieu- 


24  MILITARY  liAWS  OP  THE  ^ 

tenant  of  infantry,  as  the  safe-keeping  of  the  public  property  may 
require,  not  to  execeed  in  all  six  store-keepers. 

Sec.  6..  That  there  be  added  to  the  military  establishment  one 
quartermaster  sergeant  for  each  regiment  of  cavalry  and  infantry, 
and  one  ordnance  sergeant  for  each  military  post,  each  to  receive 
the  pay  and  allowances  of  a  sergeant  major,  according  to  existing 
laws. 

Sec.  7.  That  there  may  be  enlisted  for  the  medical  department 
of  the  army,  for  the  term  already  provided  by  law  for  other  en- 
listed men,  as  many  hospital  Stewarts  as  the  service  may  require, 
to  be  determined  by  the  Secretary  of  War,  under  such  regulations 
as  he  may  prescribe,  and  who  shall  receive  the  pay  and  allowances 
of  a  sergeant  major. 

Sec,  8.  That  until  a  military  School  shall  be  established  Yor  the 
elementary  instruction  of  officers  for  the  army,  the  President  shall 
be  authorized  to  appoint  csdets  from  the  several  States,  in  number 
proportioned  to  their  representation  in  the  House  of  Representa- 
tives, and  ten  in  addition  to  be  selected  by  him  at  large  from  the 
Confederate  States,  who  shall  be  attached  to  companies, in  service 
in  any  branch  of  the  army,  as  supernumerary  officers,  with  the 
rank  of  cadet,  who  shall  receive  the  monthly  pay  of  forty  dollars, 
and  be  competent  for  promotion  at  such  time  and  under, such  reg- 
ulations as.  may  be  prescribed  by  the  President,  or  hereafter  es- 
tablished by  law. 

Sec.  9.  That  the  President  be  authorized  to  assign  officers  of 
the  army  of  the  Confederate  States  to  staff*  duty  with  volunteers 
or  provisional  troops,  and  to  confer  upon  them,  whilst  so  em- 
ployed, the  rank  corresponding  to  the  staff*duties  they  are  to  perform. 

Sec.  10.  There  shall  be  allowed  and  paid  to  every  able-bodied 
man  who  shall  be  duly  enlisted  to  serve  in  the  army  of  the  Confed- 
erate States,  a  bounty  of  ten  dollars  ;  but  the  payment  of  five  dol- 
lars of  the  said  bounty  shall  be  deferred  until  the  recruit  shall  have 
been  mustered  into  the  regiment  in  which  he  is  to  serve. 

Sec.  11.  That  the  provision  of  the  third  section  of  the  act  of 
the  Congress  of  the  United  States,  making  appropriations  for  the 
legislative,  executive,  and  judicial  expenses  of  the  government  for 
the  year  ending  the  thirtieth  day  of  June,  A.  D.,  eighteen  hundred 
and  sixty-one,  approved  June  twenty-third,  eighteen  hundred  and 
sixty,  which  declares  that  no  arms  nor  military  supplies  whatever, 
which  are  of  a  patented  invention,  shall  be  purchased,  nor  the  right 
of  using  or  applying  any  patented  invention,  unless  the  same  shall 
be  authorized  by  law,  and  the  appropriation  therefor  explicitly  set 
forth,  that  it  is  for  such  patented  invention,  (if  of  force  within  the  Con- 
federate States,)  shall  be  suspended  in  its  operation  for  ^nd  during 
the  existing  war. 

Approved  May  16,  1861. 


CONFEDERATE   STATES.  25 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  for  the  ap- 
pointment of  Cimplains  to  the  Army,"  approved  May  third,  eigh- 
teen hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  so  much  of  the  second  section  of  the  above  recited 
act  as  fixes  the  pay  of  chaplains  in  the  army  at  eighty-five  dollars 
be  repealed,  and  that  the  pay  of  said  chaplains  be  fi/ly  dollars  per 
mouth. 

Approved  May  16,  1861. 

An  Act  to  provide  an  Additional  Company  of  Sappers  and  Bom- 
bardiers for  the  Army. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  there  be  added  to  the  military  establishment  of  the 
Confederate  States  one  company  of  sappers  and  bombardiers,  to 
consist  of  one  captain,  two  first  lieutenaiits,  one  second  lieutenant, 
ten  sergeants  or  master-workmen,  ten  corporals  or  overseers,  two 
musicians,  thirty-nine  privates  of  the  first  class,  and  thirty-nine 
privates  of  the  second  class,  who  shall  be  instructed  in  and  per- 
form all  the  duties  of  sappers  and  bombardiers,  and  shall,  more- 
over, under  the  orders  of  the  chief  engineer,  be  liable  to  serve  by 
detachments  in  overseeing  and  aiding  laborers  upon  fortifications 
or  other  works  under  the  engineer  department,  and  in  supervising 
finished  fortifications,  asfortkeepers,  preventing  injury  and  making 
repairs. 

Sec.  2.  That  it  shall  be  the  duty  of  the  colonel  of  the  engineer 
corps,  subject  to  the  approval  of  the  Secretary  of  War,  to  prescribe 
the  number,  quantity,  form,  dimensions,  &;c.,  of  the  necessary  ve- 
hicles, arms,  pontons,  tools,  implements,  and  other  supplies  for  the 
service  of  said  company  as  a  body  of  sappers  and  bombardiers. 

Sec.  3.  That  the  monthly  pay  of  the  captain  of  said  company 
shall  be  one  hundred  and  forty  dollars;  of  each  first  lieutenant,  one 
hundred  dollars ;  of  the  second  lieutenant,  ninety  dollars ;  of  the 
sergeants,  thirty-four  dollars  ;  of  the  corporals,  twenty  dollars ;  of 
the  musicians,  thirteen  dollars  ;  of  the  first  ctass  privates,  seventeen 
dollars ;  and  of  the  second  class  privates,  thirteen  dollars.  And  the 
said  commissioned  officers  shall  be  entitled  to  the  same  allowances 
as  all  other  commissioned  officers  of  the  army,  and  the  same  right 
to  draw  forage  for  horses  as  is  accorded  to  officers  of  like  rank  in 
the  engineer  corps ;  and  the  enlisted  men  shall  receive  the  same 
rations  and  allowances  as  arc  granted  to  all  other  enlisted  men  in 
the  army. 

Approved  May  17,  1861. 


26  MILITARY  LAWS  OF  THE 

An  Act  concerning  the  transportation  of  Soldiers  and  allowance 
for  Clothing  of  Volunteers,  and  amendatory  of  the  act  for  the 
establishment  and  organization  of  the  Army  of  the  Confederate 
States. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  When  transportation  cannot  be  furnished  in  kind,  the  dis- 
charged soldier  shall  be  entitled  to  receive  ten  cents  per  mile  in  lieu 
of  all  traveling  pay,  subsistence,  forage,  and  undrawn  clothing,  from 
the  place  of  discharge  to  the  place  of  his  enlistment  or  enrollment, 
estimating  the  distance  by  the  shortest  mail  route,  and  if  there  is 
no  mail  route,  by  the  shortest  practicable  route.  The  foregoing  to 
apply  to  all  officers,  non-commissioned  officers,  musicians,  artificers, 
farriers,  blacksmiths,  and  privates  of  volunteers,  when  disbanded, 
discharged  or  mustered  out  of  service  of  "the  Confederate  States; 
and  it  shall  also  apply  to  all  volunteer  troops,  as  above  designated, 
when  traveling  from  the  place  of  enrollment  to  the  place  of  general 
rendezvous  or  point  where  mustered  into  service  :  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to  deprive  the 
mounted  volunteers  of  the  allowance  of  forty  cents  a  day  for  the 
use  and  risk  of  his  horse,  which  allowance  is  made  from  the  date 
of  his  enrollment  to  the  date  of  his  discharge,  and  also  for  every 
twenty  miles'  travel  from  the  place  of  his  discharge  to  the  place  of 
his  enrollment. 

Sec.  2.  That  the  fourth  section  of  the  act  of  March  6,  1861,  "To 
provide  for  the  public  defence,"  be  amended  as  follows,  viz  :  There 
shall  be  allowed  to  each  volunteer,  to  be  paid  to  him  on  the  first 
muster  and  pay  rolls  after  being  received  and  mustered  into  the 
service  of  the  Confederate  States,  the  sum  of  twenty-one  dollars, 
in  lieu  of  clothing  for  six  months  ;  and  thereafter  the  same  allow- 
ance in  money  at  every  subsequent  period  of  service  for  six  months 
in  lieu  of  clothing :  Provided,  That  the  price  of  all  clothing  in  kind 
received  by  said  volunteers  from  the  Confederate  States  govern- 
ment shall  be  deducted  first  from  the  money  thus  allowed ;  and  if 
that  sum  be  not  sufficient,  the  balance  shall  be  charged  for  stoppage 
on  the  muster  and  pay  rolls  ;  and  that  all  accounts  arising  from 
contracts,  agreements,  or  arrangements  for  furnishing  clothing  to 
volunteers,  to  be  duly  certified  by  the  company  commander,  shall 
be  paid  out  of  the  said  semi-annual  allowance  of  money. 

Sec.  3.  That  the  twenty-first  section  of  the  act  for  the  organiza- 
tion of  the  army  of  the  Confederate  States  be  so  amended  as  to 
allow  to  aids-de-camp  and  to  adjutants  forage  for  the  same  number 
of  horses  as  allowed  to  officers  of  the  same  grade  in  the  mounted 
service. 

Approved  May  21,  1861. 


CONFEDERATE   STATES.  "  27 

An  Act  to  be  entitled  an  Act  to  amend  "An  Act  to  raise  an  addi- 
tional Military  Force  to  serve  during  the  War. " 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  so  much  of  the  second  section  of  the  act  entitled  an 
act  to  raise  an  additional  military  force  to  serve  during  the  war, 
passed  May  eighth,  eighteen  hundred  and  sixty  one,  be  so  amended 
as  to  authorize  the  President,  on  the  application  of  any  command- 
ing officer  of  a  regiment  or  battalion  authorized  by  said  act,  to  as- 
sign a  subaltern  of  the  line  of  the  army  to  the  duties  of  adjutant 
of  said  regiment  or  battalion. 

Approved  May  21,  1861. 


An  Act  to  authorize  the  President  to  confer  temporary  rank  and 
command,  for  service  with  volunteer  troops,  on  Officers  of  the 
Confederate  army. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enactf  That  the  President  shall  be  authorized  to  confer  tempo- 
rary rank  and  command,  for  servic-e  with  voluntocr  troops,  on  offi- 
cers of  the  Confederate  army  ;  the  same  to  be  held  without  preju- 
dice to  their  positions  in  said  army,  and  to  have  effect  only  to  the 
extent  and  according  to  the  assignment  made  in  general  order. 

Approved  May  21,  1861. 


An  Act  to  amend  an  act  entitled  "An  Act  recognizing  the  exist- 
ence of  war  between  the  United  States  and  the  Confederate  States, 
-  and  concerning  Letters  of  Marque,   Prizes,  and  Prize  Goods, 
approved  May  6th,  one  thousand  eight  hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  do  enact,  That 
the  tenth  section  of  the  above  entitled  act  be  so  amended  that,  in 
addition  to  the  bounty  therein  mentioned,  the  government  of  the 
Confederate  States  will  pay  to  the  cruizer  or  cruizers  of  any  pri- 
vate armed  vessel  commissioned  under  said  act,  twenty  per  centum 
on  the  value  of  each  and  every  vessel  of  war  belonging  to  the  ene- 
my, that  may  be  sunk  or  destroyed  by  such  private  armed  vessel 
or  vessels,  the  value  of  the  armament  to  be  included  in  the  esti- 
mate. The  valuation  to  be  made  by  a  board  of  naval  officers  ap- 
pointed, and  their  award  to  be  approved  by  the  President,  and  the 
amount  found  to  be  due  to  be  payable  in  eight  per  cent,  bonds  of 
the  Confederate  States. 

Sec.  2.  That  if  any  person  who  may  have  invented  or  may  here- 
after invent  any  new  kind  of  armed  vessel,  or  floating  battery,  or 
defence,  shall  deposit  a  plan  of  the  same,  accompanied  by  suitable 


28  *  MILITARY  LAWS  OF  THE 

explanations  or  specifications,  in  the  navj  department,  together  with 
an  affidavit  setting  forth  that  he  is  the  inventor  thereof,  such  deposit 
and  affidavit  (unless  the  facts  set  forth  therein  shall  be  disproved) 
shall  entitle  such  inventor  or  his  assigns  to  the  sole  and  exclusive 
enjoyment  of  the  rights  and  privileges  conferred  by  this  act,  reserv- 
ing, however,  to  the  government,  in  all  cases,  the  right  of  using 
such  invention. 

Approved  May  21  1861. 

An  Act  relative  to  Prisoners  of  War. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  prisoners  of  war  taken,  whether  on  land  or  at 
sea,  during  the  pending  hostilities  with  the  United  States,  shall  be 
transfered  by  the  captors,  from  time  to  time  and  as  often  as  con- 
venient, to  the  Department  of  War ;  and  it  shall  be  the  duty  of 
the  Secretary  of  war,  with  the  approval  of  the  President,  to  issue 
such  instructions  to  the  Quartermaster  G-eneral  and  his  subordinates 
as  shall  provide  for  the  safe  custody  and  sustenance  of  prisoners 
of  war ;  and  the  rations  furnished  prisoners  of  war  shall  be  the 
same  in  quantity  and  quality  as  those  furnished  to  enlisted^men  in 
the  army  of  the  Confederacy. 

Sec.  2.  That  the  eighth  section  of  the  act  entitled  "An  act  rec- 
ognizing the  existence  of  war  between  the  United  States  and  the 
Confederate  States,  and  concerning  Letters  of  Marque,  Prizes,  and 
Prize  Goods,"  shall  not  be  so  construed  as  to  authorize  the  holding 
as  prisonJ^s  of  war  the  officers  or  crew  of  any  unarmed  vessel, 
nor  any  passenger  on  such  vessels,  unless  such  passengers  be  per- 
sons eniployed  in  the  public  service  of  the  enemy. 

Sec.  3.  That  the  tenth  section  of  the  above  recited  act  shall  not 
be  so  construed  as  to  allow  a  bounty  for  prisoners  captured  on 
vessels  of  the  enemy  and  brought  into  port,  unless  such  prisoners 
were  captured  on  board  of  an  armed  ship  or  vessel  of  the  enemy 
of  equal  or  superior  force  to  that  of  the  private  armed  vessel  ma- 
king the  capture. 

Approved  May  21,  1861. 


Eesolutions  in  relation  to  the  First  Regiment  of  North  Carolina 

Volunteers. 
Resolved  hy  the  Congress  of  the  Confederate  States  of  America, 
That  the  President  be,  and  he  is  hereby,  authorized  to  receive  and 
muster,  into  the  service  of  the  Confederate  States  of  America,  the 
First  Regiment  of  North  Carolina  Volunteers,  now  stationed  at 
Yorktown,  for  the  term  of  six  months  from  the  time  they  were 
sworn  in  and  mustered  into  the  service  of  North  Carolina,  and  to 


CONFEDERATE   STATES.  29 

^discharge  tbem  af\er  the  expiration  of  that  period  ;  said  period  to 
commence  at  the  time  the  first  company  of  said  regiment  was  mus- 
tered into  the  service  of  North  Carolina. 

Resolved,  further,  That  the  Cadets  from  the  North  Carolina  In- 
stitute, at  Charlotte,  who  may  have  been  acting  with  said  regi- 
ment, be  mustered  into  service  in  the  same  manner  as  the  residue 
of  the  regiment,  and  be  recognized  as  part  thereof,  with  the  pay  of 
privates. 

Approved  July  30,  1861. 

Ak  Act  to  make  provision  for  the  care  of  supplies  for  the  sick  and 

wounded. 

The  Congress  of  the  Confederate  States  of  America  do  enacij 
That  the  Secretary  of  War  shall  forthwith  appoint  a  clerk  in  the 
office  of  the  Surgeon-General,  to  take  charge  of  all  Hospital  sup- 
plies and  other  articles  which  may  be  contributed  for  the  use  of 
the  sick  and  wounded  ;  and  the  same  to  dispose  of,  according  to 
the  wishes  of  the  contributors,  under  the  direction  of  the  Medi- 
cal Department  of  the  army  ;  the  salary  of  the  said  clerk  not  to 
exceed  one  thousand  dollars ;  and  the  said  clerk  shall  be  author- 
ized, under  the  direction  of  the  Surgeon-General,  to  procure  and  fit 
up  a  proper  place  for  the  safe-keeping  and  proper  disposal  of  the 
said  articles. 

Approved  August  2,  1861. 

An  Aot  to  amend  an  Act,  entitled,  "  An  act  to  make  further  pro- 
visions for  the  Public  Defence,"  approved  11th  May,  1861 ;  and 
to  amend  an  Act  entitled  "  An  Act  to  increase  the  Military 
Establishment  of  the  Confederate  States;"  and  to  amend  the 
"  Act  for  the  establishment  and  organization  of  the  Army  of  the 
Confederate  States  of  America." 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  third  section  of  an  act  entitled  "An  act  to  make  further 
provision  for  the  public  defence,"  approved  11th  May,  1861,  be 
amended  by  striking  out  of  said  section  the  words,  "  detailed  from 
the  regular  army ; "  and  further,  that  the  ninth'section  of  the  act 
entitled  "  An  act  to  increase  the  military  establishment  of  the  Con- 
federate States,"  and  to  amend  the  "  act  for  the  establishment  and 
organization  of  the  army  of  the  Confederate  States  of  America,'* 
approved  16th  May,  1861,  be  amended,  by  adding  thereto  the  fol- 
lowing clause :  "And  that  the  President  may,  in  his  discretion, 
upon  the  application  and  recommendation  of  a  Major  General,  or 
Brigadier  General,  appoint  from  civil  life  persons  to  the  staff  of 


30  MILITARY  LAWS  OP  THE 

such  officer,  who  shall  have  the  same  rank  and  pay  as  if  appointed 
from  the  army  of  the  Confederate  States. 
Approved  August  3,  1861. 

An  Act  to  provide  for  an  additional  field  officer  to  volunteer 
battalions,  and  for  the  appointment  of  Assistant  Adjutants  Gen- 
eral for  the  Provisional  forces. 

Sbction  1.  Be  it  enacted  by  the  Congress  of  the  Confederate 
States  of  America,  That  the  eighth  section  of  the  act  of  March  6th, 
1861,  "To  provide  for  the  public  defence,"  be,  and  the  same  is 
hereby,  so  far  amended  that  whenever  battalions  of  volunteers  in 
the  service  of  the  Confederate  States  shall  consist  of  not  less  than 
six  companies,  there  may  be  allowed,  in  the  discretion  of  the  Pres- 
ident, to  each  battalion  so  constituted,  two  field  officers,  one  with 
the  rank  of  Lieutenant  Colonel,  and  the  other  with  the  rank  of 
Major. 

Sec.  2.  That  the  President  be,  and  he  is  hereby,  authorized  to 
appoint  for  the  volunteer  forces  in  the  Confederate  service,  as 
many  assistant  Adjutants-General  as  the  service  may  require, 
whose  rank  shall  correspond  with  the  rank  of  the  assistant  Adju- 
tants-General in  the  regular  army,  and  who  shall  receive  the  same 
pay  and  allowances  according  to  their  respective  grades. 

Approved  August  2,  1861. 

Ak  Act  to  authorize  advances  to  be  made  in  certain  cases. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  Secretary  of  War,  with  the  approbation  of  the  President, 
be  authorized,  during  the  existence  of  the  present  war,  to  make  ad- 
vances upon  any  contract,  not  to  exceed  thirty-three  and  one-third 
per  cent.,  for  arms  or  munitions  of  war  :  Provided,  that  security 
be  first  taken,  to  be  approved  by  the  Secretary  of  War,  for  the 
performance  of  the  contract,  or  for  the  proper  accounting  for  the 
said  money. 

Approved  August  5,  1861. 

An  Act  to  give  aid  to  the  people  of  the  State  of  Missouri. 
Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  to  aid  the  people  of  the  State  of  Missouri  in  the  ef- 
fort to  maintain,  within  their  own  limits,  the  constitutional  liberty 
which  it  is  the  purpose  of  the  Confederate  States  in  the  existing 
war  to  vindicate,  there  shall  be,  and  is  hereby,  appropriated  out  of 
any  moneys  in  the  Treasury  not  otherwise  appropriated,  one  mil- 
lion of  dollars,  to  supply  clothing,  subsistence,  arms  and  ammuni- 


CONFEDERATE    STATES.  31 

tion  to  the  troops  of  Missouri  who  may  co-operate  with  those  of 
the  Confederate  States,  during  the  progress  of  the  existing  war; 
said  sum  to  be   expended  under  the  discretion  of  the  President  of 
the  Confederate  States,  for  the  purposes  aforesaid. 
Aprrovsd  August  6,  1861. 


An  Act  to  provide  for  the  construction  of  a  newly  invented  imple- 
ment of  war. 

Whereas,  Charles  S.  Dickinson  alleges  that  he  has  invented  a 
machine,  generally  known  as  *  Winan's  Gun,'  whereby  balls  can 
be  projected  with  such  force,  rapidity  and  precision  as  to  render  it 
a  valuable  implement  of  war,  both  in  the  Army  and  Navy.  The 
Congress  of  the  Confederate  States  of  America  do,  therefore,  enact, 
That  the  President  be,  and  he  is  hereby,  anthorized,  in  his  discre- 
tion, to  cause  one  machine  of  this  description,  calculated  to  throw 
balls  measuring  about  three-fourths  of  an  inch  in  diameter,  and 
weighinnj  about  two  ounces,  to  be  constructed  under  the  direction 
of  .said  Dickinson;  Provided^  that  the  cost  thereof  "-^h-iH  ix^f  .'\<(>«^<1 
five  thousand  dollars. 

Approved,  August  6,  1861. 


Aw  AcTt  o  authorize  the  President  of  the  Confederate  States  to 
grant  Commissions  to  raise  Volunteer  Regiments  and  Battalions, 
composed  of  persons  who  are,  or  have  been,  residents  of  the 
States  of  Kentucky,  Missouri,  Maryland  and  Delaware. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  of  the  Confederate  States  be,  and  he  is  hcrel)y, 
authorized  to  grant  commissions  to  oftieersabove  the  grade  of  Cn] 
tain,  to  such  persons  as  he  may  think  fit,  to  raise  and  commaiii 
Volunteer  Regiments  and  Battalions  for  the  service  of  the  Confed- 
erate States,  said  Regiments  and  Battalif)ns  to  be  composed  of  per- 
sons who  are,  or  have  been,  residents  of  the  States  of  Kentucky, 
Missouri,  Maryland,  or  Delaware,  and  who  have  enlisted,  or  may 
enlist,  under  said  ofTicers :  upon  the  condition,  however,  that  such 
officers  shall  not  hold  rank  or  receive  pay,  until  such  Regiments  or 
Battalions  have  been  raised  and  are  mustered  into  service. 

Approved  August  8,  1861. 


Ah  Act  further  to  provide  for  the  Public  Defence. 
Section  1.   The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  in  order  to  provide  additional  forces  to  repoi  inva- 
sion, maintain  the  rightful  possession  of  the  Confederate  States  of 
America,  and  to  secure  the  independence  of  the  Confederate  States, 


32  MILITARY  LAWS  OF  THE 

the  President  be,  and  he  is  hereby,  authorized  to  employ  the  mili- 
tia, military  and  naval  forces  of  the  Confederate  Sttates  of  America, 
and  to  ask  for  and  accept  the  services  of  any  number  of  volunteers, 
not  exceeding  four  hundred  thousand,  who  may  offer  their  services, 
either  as  cavalry,  mounted  riflemen,  artillery,  or  infantry,  in  such 
proportions  of  these  several  arms  as  he  may  deem  expedient,  to 
serve  for  a  period  of  not  less  than  twelve  months,  nor  more  than 
three  years  after  they  shall  be  mustered  into  service,  unless  soon- 
er discharged. 

Sec.  2.  That  whenever  the  militia  or  volunteers  are  called  and 
received  into  the  service  of  the  Confederate  States,  under  the  pro- 
visions of  this  act,  they  shall  be  organized  under  the  act  of  the  6th 
of  March,  1861,  entitled  "An  Act  to  provide  for  the  Public  De- 
fence," with  the  same  pay  and  allowances  of  said  act,  and  the  same 
time  for  the  service  of  the  militia. 

Sec.  3.  Nething  in  this  act  shall  be  construed  to  extend  to,  or 
in  anywise  to  alter  any  act  heretofore  passed,  authorizing  the 
President  to  receive  troops  offered  directly  to  the  Confederate 
States  for  the  war,  or  for  any  less  time. 

Approved  August  8,  1861. 


An  Act  to  provide  for  the  appointment  of  Surgeons  and  Assistant 
Surgeons  for  Hospitals. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact^  That  the  President  be,  and  he  is  hereby  authorized  to 
appoint  in  the  Provisional  Army  as  many  Surgeons  and  Assistant 
Surgeons,  for  the  various  hospitals  of  the  Confederacy,  as  may  be 
necessary. 

Approved  August  14,  1861. 

An  Act  to  aid  the  State  of  Missouri  in  repelling  invasion  by  the 
United  States,  and  to  authorize  the  admission  of  said  State  as  a 
member  of  the  Confederate  States  of  America,  and  for  other 
purposes. 

Whereas,  The  people  of  the  State  of  Missouri  have  been  pre- 
vented by  the  unconstitutional  interference  of  the  Government  of 
the  United  States,  from  expressing  their  will  through  their 
legally  constituted  authorities  in  regard  to  a  Union  with  the  Con- 
federate States  of  America,  and  aie  now  engaged  in  repelling  a 
lawless  invasion  of  their  territory  by  armed  forces ;  and  whereas, 
it  is  the  right  and  duty  of  the  Confederate  States  to  aid  the  people 
and  government  of  the  said  Stat©  in  resisting  such  invasion,  and  in 
securing  the  means  and  the  opportunity  of  expressing  their  will 


CONFEDERATB   STATES.  ' 

upon  all  questions  affecting  their  rights  and  liberties :  now,  there- 
fore— 

Section  1.   The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  the  President  of  the  Co-  ^^  i     ~-  ^'^  ^  s  of  Ameri 
be  and  he  is  hen-])y  authorized  to  co-  u  the  militai 

power  of  this  Government  with  the  authorities  and  the  people  of  the 
State  of  Missouri  in  defend  ingthi"^'^         linstalawless  invasion  1 
the  Tnited  States,  and  in  niaiir.  liberty  and  independeiu 

of  her  people ;  and  that  he  be  authorized  and  empowered,  at  his 
'l'        *     n,  to  rcevive  and  muster  into  the  service  of  the  Con  fed  <; 
a  '9,  in  the  State  of   Missouri,   such   troops  of  that  State  . 

may  volunteer  to  serve  in  the  army  of  the  Confederate  States, 
subject  to  the  rules  -.r  '  '  '"  '"      i  1  army,  and  in  accordance 

with  the  laws  of  C<'  ]»s  may   be  received  into 

service  by  companies,  battalions,  or  regiments,  with  their  officers 
elected  by  the  troops,  and  the  officers  so  .  '  *  i  shall  be  commis- 
sioned by  the  President;  and  when  mi/  into  service  said 
c^jmpanies,  battalions,  or  regiments  may  be  attached  to  such  brig- 
ades or  divisions  as  the  Pr<  '  '  '  mine;  and  the  Presi- 
dent shall  have  power  to  aj  ,  for  all  battalions  and 
regiments  organized  out  of  separate  companies  mustered  into  ser- 
vice, and  to  add  to  batt  "  ^icient  number  of  separate  com- 
panies to  c(»mplete  thcit  ■  ^  m  into  regiments,  and  to  appoint 
the  additional  field  officers  necessary  for  the  cf)mplete  organization 
of  th(;  regiments  so  formed ;  and  all  vacancies  that  may  occur 
among  the  commissioned  officers  of  troops  mustered  into  service 
under  this  act,  shall  be  filled  in  the  manner  provided  in  the  act  en- 
titled "An  act  for  the  establishment  and  organization  of  the  army 
of  the  Confederate  States  of  America,"  approved  sixth  March,  eigh- 
teen hundred  and  sixty-one. 

Sec.  2.  That  the  State  of  Missouri  shall  be  admitted  a  member 
of  the  Confederate  States  of  America,  upon  an  equal  footing  with 
the  oth(T  States  under  the  Constitution  for  the  Provisional  Govern- 
ment of  the  same,  upon  the  condition  that  the  said  Constitution  for 
the  Provisional  Government  of  the  Confederate  Stutes  shall  be 
adopted  and  r.atified  by  the  properly  and  legally  constituted  author- 
ities of  said  State,  and  the  Governor  of  said  State  shall  transmit 
to  the  President  of  the  Confederate  States  an  authentic  copy  of  the 
proceedings  touching  said  adoption  and  ratification  by  said  State  <^>f 
said  Provisional  Constitution  ;  upon  the  receipt  whereof,  the  Presi- 
dent, by  proclamation,  shall  announce  the  fact;  whereupon,  and 
without  any  fiirther  proceedings  upon  the  part  of  Congress,  th'  ad- 
mission of  said  State  of  Missouri  into  this  Confederacy,  under  said 
Constitution  for  the  Provisional  Government  of  the  Confederate 
States,  shall  be  considered  as  complete  ;  and  the  laws  of  this  Con- 


34  MILITARY  LAWS  OF  THE 

federacy  shall  be  thereby  extended  over  said  State  of  Missouri 
as  fully  and  completely  as  over  other  States  now  composing  the 
same. 

Sec.  8.  That  the  Congress  of  the  Confederate  States  recognize 
the  government  of  which  Claiborne  F.  Jackson  is  the  chief  magis- 
trate, to  be  the  legally  elected  and  regularly  constituted  Govern- 
ment of  the  people  and  State  of  Missouri;  and  that  the  President 
of  the  Confederate  States  be,  and  he  is  hereby  empowered,  at  his 
discretion,  at  any  time  prior  to  the  admission  of  the  said  State  as 
a  member  of  this  Confederacy,  to  perfect  and  proclaim  an  alliance, 
offensive  and  defensive,  with  the  said  Government,  limited  to  the 
period  of  the  existing  war  between  this  Confederacy  and  the  United 
States ;  the  said  treaty  or  alliance  to  be  in  force  from  the  date 
thereof,  and  until  the  same  shall  be  disaffirmed  or  rejected  by  this 
Congress. 

Approved  August  20,  1861. 


An  Act  to  authorize  payment  to  be  made  for  certain  Horses  pur- 
chased for  the  Army,  by  Col.  A.  W.  McDonald. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  the  Secretary  of  War  be,  and  he  is  hereby  author- 
ized, to  cause  payment  to  be  made  to  the  vendors,  upon  an  audit 
of  the  accounts,  of  certain  horses,  heretofore  purchased,  by  order 
of  Colonel  Angus  W.  McDonald,  to  mount  the  men  he  was  author- 
ized to  raise  by  order  of  the  President  of  the  Confederate  States ; 
and  upon  the  payment  of  the  said  accounts,  said  horses  shall  become 
the  property  of  the  Government,  and  shall  be  subject  to  the  control 
of  the  Quartermaster's  department ;  Provided,  however,  that  the 
Quartermaster-General  shall  be,  and  he  is  hereby  empowered,  to 
permit  said  horses  to  remain  in  the  possession  of  the  volunteers 
who  now  have  them,  subject  to  the  general  law  controlling  cavalry 
troops,  upon  the  written  agreement  of  said  volunteers  that  said 
horses  will  be  paid  for  by  them  out  of  the  allowances  now  made 
for  cavalry  troops. 

Approved  August  21,  1861. 


An  Act  to  provide  for  Local  Defence  and  Special  Service. 

Section  1.  The  Congress  of  the  Confedtrate  States  of  America 
do  enact,  That  the  President  be,  and  he  is  hereby  authorized  to 
accept  the  services  of  volunteers  of  such  kind  and  in  such  propor- 
tion as  he  may  deem  expedient,  to  serve  for  such  time  as  he  may 
prescribe,  for  the  defence  of  exposed  places  or  localities,  or  such 
special  service  as  he  may  deem  expedient. 


CONFEDERATE   STATES.  35 

Sec.  2.  And  such  forces  shall  be  mustered  into  the  service  of  the 
Confederate  States,  for  the  local  defence  or  special  service  aforesaid 
the  muster  roll  setting  forth  distinctly  the  services  to  be  performed  • 
and  the  said  volunteers  shall  not  be  considered  in  actual  service 
until  thereunto  specially  ordered  by  the  President.  And  they 
shall  be  entitled  to  pay  or  subsistence,  only  for  such  time  as  tht^y 
may  be  on  duty  under  the  orders  of  the  President  or  by  his  direc- 
tion. 

Skc.  3.  Such  volunteer  forces,  when  so  .accepted  and  ordered  into 
service,  shall  be  organized  in  accordance  with  and  subject  to  all  the 
provisions  of  the  act  entitled  "  An  Act  to  provide  for  the  Public 
Defence,"  approved  March  sixth,  1861,  and  may  be  attached  to  such 
divisions,  brigades,  regiments,  or  battalions  as  the  President  may 
direct,  and  when  not  organized  into  battalions  or  regiments  before 
being  mustered  into  service,  the  President  shall  appoint  the  field 
officers  of  the  battalions  and  regiments,  when  organized  as  such  by 
him. 

Approved  Aunjust  21,  1861. 


An  Act  to  authorize  the  employment  of  Cooks  and  Nurses,  other 
than  enlisted  men,  or  volunteers,  for  the  military  service. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enacty  That  the  better  to  provide  for  the  sick  and  wounded*,  the 
Secretary  of  War  is  authorized  to  direct  the  employment,  when 
deemed  necessary,  of  nurses  and  cooks,  other  than  enlisted  men, 
or  volunteers,  the  persons  so  employed  being  subject  to  military 
control,  and  in  no  case  to  receive  pay  above  that  allowed  to  enlisted 
men,  or  .volunteers. 

Sec.  2.  That  there  be  appropriated  for  the  pay  of  the  nurses  and 
cooks,  provided  for  in  the  above  section,  one  hundred  and  thirty 
thousand  dollars^ 

Approved  August  21,  1861. 


An  Act  making  appropriation  for  Military  Hospitals. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  sum  of  fifty  thousand  dollars  be,  and  the  same 
is  hereby  appropriated  out  of  any  money  in  the  Treasury,  not  oth- 
erwise appropriated,  for  the  establishment  and  support  of  Military 
Hospitals,  during  the  current  fiscal  year  ending  February  eighteenth 
eighteen  hundred  and  sixty-two. 

Approved  August  21,  1861. 


*/?fe. 


36  MILITARY  LAWS  01'  THE 

A  Resolution  in  relation  to  the  Equipments  of  Volunteer  Cavalry 

Companies. 

Resolved  by  the  Congress  of  the  Confederate  States  of  Aonerica, 
That  the  Secretary  of  War  be,  and  he  is  hereby  authorized,  in  his 
discretion,  to  furnish  to  Volunteer  Cavalry  Companies,  whose  ser- 
vices are  accepted  for  the  war  by  the  Confederate  States,  all  nec- 
essary equipments. 

Approved  August  21,  1861. 


An  Act  to  increase  the  Corps  of  Artillery,  and  for  other  Purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  there  be  added  to  the  Corps  of  Artillery,  Confeder- 
ate States  Army,  one  Lieutenant-Colonel  and  two  Majors,  with  the 
pay  and  allowances  authorized  by  existing  laws  for  those  grades 
respr'ctively.  V" 

Sec.  2.  That  the  President  be,  and  he  is  hereby,  authorized  to 
appoint,  in  addition  to  the  Storekeepers  authorized  by  the  fifth  sec- 
tion of  the  Act  of  May  sixtr^enth,  eighteen  hundred  and  sixty-one, 
"for  the  establishment  and  organization  of  the  army  of  the  Con- 
federate States,"  as  many  Military  Storekeepers  of  Ordnance,  with 
the  pay  and  allowances  of  a  Captain  of  Infantry,  as  the  safe  keep- 
ing of  the  public  property  may  require,  not  to  exceed  in  all  four 
Storekeepers,  who  shall,  previous  to  entering  on  duty,  give  bonds 
with  good  and  suflficient  security,  in  such  sums  as  the  Secretary  of 
War  may  direct,  fully  to  account  for  all  moneys  and  public  prop- 
erty, which  they  may  receive. 

Sec.  3.  That  the  President  be,  and  he  is  hereby,  authorized, 
whenever  in  his  judgment  the  interests  of  the  service  may  require, 
and  where  ofl&cers  of  the  army  cannot  be  assigned  to  these  duties, 
to  appoint  one  or  more  Superintendents  of  Armories  for  the  fabri- 
cation of  small  arms,  whose  salary  shall  not  exceed  two  thousand 
five  hundred  dollars  per  annum,  with  allowance  for  quarters  and 
fuel  at  the  rate  fixed  for  a  Major  in  the  Army.  And  that  the  Pres- 
ident be  also  authorized  to  appoint  two  or  more  Master  Armo- 
rers, with  a  salary  not  to  exceed  fifteen  hundred  dollars  per  annum, 
with  allowance  of  quarters  and  fuel  at  the  rate  iixed  for  a  Captain 
in  the  Army. 

Sec.  4.  That  during  the  existing  ^yar,  the  President  may,  as 
Commander-in-chief  of  the  Forces,  appoint,  at  his  discretion,  for 
his  personal  staff,  two  Aids  de-camp,  with  the  rank,  pay,  and  allow- 
ances of  a  Colonel  of  Cavalry. 

Sec.  5.  That  horeaftei-,  there  shall  be  allowed  one  additional  ser- 
geant to  (ach  company   in   the  service  of  the  Confederate  States, 


CONFEDERATE   STATES.  37 

making  in  all  five  sergeants  per  company,  who  shall  receive  the 
same  pay  and  allowances  as  are  provided  by  existing  laws  for 
that  grade. 

Approved  August  21,  1861. 


An  Act  to  establish  a  uniform  rule  of  naturalization  for  persons 
enlisted  in  the  armies  of  the  Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  every  person  not  a  citizen  of  one  of  the  Confederate 
States  engaged  in  the  military  service  of  the  said  Confederate  States 
during  the  existing  war  against  the  United  States  of  America,  shall 
thereby,  and  whilst  in  such  service,  be  under  the  protection  of  the 
Confederate  States  as  fully  as  if  he  were  a  citizen  thereof,  the  rights 
of  a  citizen  being  to  such  extent  hereby  conferred,  and  moreover 
shall  have  the  right  to  become  naturalized  and  to  become  a  citizen  of 
any  one  of  the  Confederate  States,  and  shall  thereby  be  entitled  to 
all  the  rights  and  privileges  of  a  citizen  of  said  State  of  the  Con- 
federate States  upon  taking  an  oath  to  support  the  Constitution  of 
such  State,  and  well  and  faithfully  to  serve  the  Confederate  States 
of  America,  to  maintain  and  support  the  Constitution  and  laws 
thereof,  and  to  renounce  all  allegiance  and  obedience  to  any  foreign 
Government,  State,  Sovereignty,  Prince,  or  Potentate,  and  partic- 
ularly by  name,  the  Government,  State,  Sovereignty,  Prince,  or  Po- 
tentate of  which  he  may  be,  or  have  been,  a  citizen  or  subject,  and 
statins:  which  one  of  the  Confederate  States  he  intends  to  become 
a  citizen  of;  but  if  the  State  in  which  the  said  applicant  shall  have 
resided  next  before  his  application  shall  afterwards  become  a  nigm- 
ber  of  this  Confederacy,  the  citizenship  of  said  applicant  shall  re- 
main in  said  State  at  his  election,  notwithstanding  proceedings  un- 
der this  act. 

Sec.  2.  The  oath  prescribed  in  the  preceding  section  may  be 
made  by  all  persons  below  the  rank  of  colonel,  before  the  colonel 
or  commanding  officer  of  the  regiment  to  which  such  persons  may 
be  attached ;  and  said  oath  may  be  made  by  colonels,  and  all  offi- 
cers superior  in  rank  to  colonels,  and  by  all  persons  enlisted  in  the 
military  service  of  the  Confederate  States  not  attached  to  regiments, 
before  any  conmiissioned  officer  of  the  Confederate  States  of  rank 
higher  than  that  of  colonel.  And  it  shall  be  the  duty  of  the  Sec- 
retary of  War  to  provide  blank  forms  of  the  oath  required  to  be 
taken  as  aforesaid,  and  to  cause  the  same  to  be  distributed  whenever 
Necessary,  and  to  make  the  regulations  necessary  for  informing  all 
persons  now  engaged  in  the  military  service  of  the  Confederate 
States  of  the  provisions  of  this  act,  and  to  cause  all  the  oaths  so 
taken  as  aforesaid  to  be  returned  to  the  War  Department :  And 


38  MILITARY  LAWS  OF  THE 

it  shall  he  further  the  duty  of  the  Secretary  of  War  to  file  for  record, 
in  the  District  Court  of  the  Confederate  States  for  the  State  and 
District  where  the  Capital  may  be  situated,  all  the  oaths  so  re- 
turned to  the  War  Department  as  aforesaid.  And  it  shall  be  the 
duty  of  the  Clerk  of  said  District  Court  to  record  all  oaths  of  nat- 
uralization filed  with  him  as  aforesaid,  and  to  keep  an  index  of  the 
same  ;  for  which  service  he  shall  be  entitled  to  a  fee  of  twenty-five 
cents  for  each  naturalization  oath,  to  be  paid  out  of  the  public 
treasury  in  the  same  manner  as  his  other  fees  of  office. 
Approved  August  22,  1861. 


An  Act  to  amend  the  second  section  of  "  An  act  concerning  the 
transportation  of  soldiers  and  allowance  for  clothing  of  volun- 
teers, and  amendatory  of  the  *  Act  for  the  establishment  and  or- 
ganization of  the  Army  of  the  Confederate  States." ' 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enacty  That  the  Secretary  of  War  be,  and  he  is  hereby,  author- 
ized and  required  to  provide,  as  far  as  possible,  clothing  for  the 
entire  forces  of  the  Confederate  States,  and  to  furnish  the  same  to 
every  regiment  or  company  upon  the  requisition  of  the  commander 
thereof,  the  quantity,  quality,  and  kind  thereof  to  be  established  by 
regulation  of  the  Department,  to  be  approved  by  the  President ; 
and,  in  case  any  State  shall  furnish  to  its  troops  and  volunteers  in 
the  Confederate  service  such  clothing,  then  the  Secretary  of  War 
is  required  to  pay  over  to  the  Governor  of  such  State  the  money 
value  of  the  clothing  so  furnished. 

Sec.  2.  The  commander  of  every  volunteer  company  shall  have 
the  privilege  of  receiving  commutation  for  clothing  at  the  rate  of 
twenty-five  dollars  per  man  for  every  six  months,  when  they  shall 
have  furnished  their  own  clothing. 

Approved  August  30,  1861. 


An  Act  to  authorize  the  establishment  of  Recruiting  Stations  for 
Volunteers  from  the  States  of  Kentucky,  Missouri,  Maryland, 
and  Delaware. 

Section  1,  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  be,  and  he  is  hereby,  authorized  to 
establish  recruiting  stations  within  the  "Confederate  States  for  the 
reception  of  Volunteers  into  the  military  service  of  the  Confeder- 
ate iStjites,  from  among  persons  who  arc,  or  have  been,  residents  of 
the  States  of  Kentucky,  Missouri,  Maryland,  and  Delaware. 

Sec  2.  That  the  President  be  authorized  to  grant  commissions 
as  captains  to  such  persons  as  he  may  think  fit  to  raise  and  com- 


CONFEDERATE   STATES.  39 

mand  companies  to  be  composed  of  such  volunteers ;  upon  the  con- 
dition, however,  that  such  officers  shall  not  hold  rank  or  receive 
pay  until  such  companies  have  been  raised  and  are  mustered  into 
service. 

Sec.  3.  Whenever  such  recruits  shall  amount  to  a  snflicient 
number  to  be  formed  into  companies,  the  President  may  diicctthe 
same  to  be  so  organized  appointing  all  commissioned  officers  of 
the  several  companies  in  addition  to  the  captains  provided  for  in 
the  preceding  section.  And  such  companies  may  be  organized 
into  regiments  in  bite  ^nanner  under  the  direction  of  the  President. 

Sec.  4.  Until  such  recruits  shall  amount  to  a  suflBcient  number  to 
be  organized  into  companies,  they  shall  receive  no  compensation 
except  their  clothing  and  rations. 

Approved  August  30,  1801. 


An  Act  authorizing  the  President  to  inflict  Retaliation  upon  the 

Persons  of  Prisoners. 

Whereas,  The  Government  of  the  United  States  has  placed  in 
irons  and  lodged  in  dungeons  citizens  of  the  Confederate  States 
acting  under  the  authority  of  Letters  of  Marque,  issued  in  accor- 
dance with  the  laws  of  the  Confederate  States,  by  the  President 
thereof,  aud  have  otherwise  maltreated  the  same,  and  have  seized 
and  confined  sundry  other  citizens  of  the  said  Confederate  States, 
in  violation  of  all  principles  of  humane  and  civil.zed  warfare  : 
therefore — 

Be  it  enacted  by  the  Congress  of  the  Confederate  States  of  Amer- 
ica, That  the  President  be,  and  he  is  hereby,  authorized  to  select 
such  prisoners  taken  from  the  United  States,  and  in  such  numbers 
as  be  may  deem  expedient,  upon  the  persons  of  whom  he  may  inflict 
such  retaliation,  in  such  measure  and  kind,  as  may  seem  to  him 
just  and  proper. 

Approved  August  30,  1861. 

An. Act  to  amend  an  act  entitled  "  An  Act  recognizing  the  exis- 
tence of  War  between  the  United  States  and  the  Confederate  States, 
and  concerning  Letters  of  Marque,  Prizes  and  Prize  Goods," 
approved  May  sixth,  eighteen  hundred  and  sixty-one  ;  and  an  act 
entitled  "An  Act  Regulating  the  Sale  of  Prizes  and  the  Distri- 
bution thereof,"  approved  May  sixteenth,  eighteen  hundred  and 
sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  the  seventh  section  of  the  first  above  recited  act  be 


40  MILITARY  LAWS  OP  THE 

SO  amended  as  to  permit  and  authorize  the  breaking  of  bulk  and 
the  removal  by  the  captors  of  the  whole  or  any  part  of  the  goods 
found  on  board  a  captured  vessel  whenever  such  removal  may  be 
necessary  for  the  safe  carriage  of  such  vessel  iato  port,  and  also,  in 
all  cnses  where,  by  grounding  or  otherwise,  the  securing  of  the  car- 
go 01-  any  part  thereof  may  require  the  removal :  Provided,  That 
the  person  in  command  of  the  vessel  making  such  capture  shall,  as 
soon  as  practicable,  after  landing  the  cargo  or  any  part  thereof, 
cause  an  exact  inventory  of  the  same  to  be  made  by  the  nearest 
magistrate,  wherein  shall  be  specified  eacli  and  every  article  so 
landed,  and  the  marks,  if  any  thereon,  and  forward  the  same  imme- 
diately to  the  Collector  of  the  nearest  port;  the  property  so  landed 
shall  remain  in  the  custody  of  such  magistrate,  and  he  shall  retain 
possession  thereof  until  the  same  can  be  delivered  to  the  marshal  j 
and  the  court  before  which  such  cargo  shall  be  brought,  in  case  the 
same  be  condemned,  may  allow  such  compensation  to  the  magistrate 
as  to  the  court  may  seem  just  and  proper  :  And  provided  further j 
That  when  such  removal  shall  be  made  for  the  purpose  of  lighten- 
ing over  bars  and  shoals,  and  the  goods  removed  shall,  as  soon  there- 
after as  practicable,  be  returned  on  board  the  prize  vessel,  the  same 
may  be  carried  to  port  as  if  no  removal  had  been  made )  and  no  de- 
livery, as  provided  in  the  preceding  clause,  to  a  magistrate,  shall  be 
required. 

Sec.  2.  That  the  first  section  of  the  last  above  recited  act  be  »o 
amended  as  to  allow  the  judge  of  a  prize  court,  wherein  any  con- 
demnation may  be  had,  to  order  and  decree  that  the  said  vessel  and 
the  cargo,  or  any  part  thereof,  may  in  his  discretion,  and  to  enhance 
the  value  thereof,  be  sold  by  the  marshal  of  the  adjoining  Dis- 
trict, and  at  such  place  therein  as  he  may  designate  :  Provided, 
always,  That  the  duties  upon  all  dutiable  goods  shall  be  paid  from 
the  proceeds  of  sale. 

Approved  August  30,  1861. 


An  Act  to  authorize  the  appointment  from  Civil  Life  of  Persons  to 

the  Staffs  of  Generals. 

The  Confjress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  may,  in  his  discretion,  upon  the  application  and 
recommendation  of  a  General  of  the  Confederate  States  Army,  ap- 
point from  civil  life,  persons  to  the  staff  authorized  by  law  of  such 
officer,  who  shall  have  the  same  rank  and  pay  as  if  appointed  from 
the  Army  of  the  Confederate  States. 

Approved  August  31,  18G1. 


CONFEDERATE   STATES.  41 

An  Act  providing  for  the  appointment  of  Adjutants  of  Regiments 
and  Legions,  of  the  grade  of  Subaltern,  in  addition  to  the  Siih- 
alterns  attached  to  companies. 

Section  1.  The  Congress^of  the  Confederate  States  of  America 
do  enact.  That  Adjutants  of  Regiments  and  Legions,  may  be 
appointed  by  the  President,  upon  the  recommendation  of  the  Colo- 
nel thereof,  of  the  grade  of  Subaltern,  in  addition  to  the  Subaltern 
officers  attached  to  companies,  and  said  Adjutants,  when  so  appointed, 
shall  have  the  same  rank,  pay,  and  allowances  as  are  provided  by 
law  to  Adjutants  of  Regiments. 

Approved  August  31,  1H61. 

An  Act  providing  fjr  the  Reception  and  Forwarding  of  Articles 
sent  to  the  Army  by  Private  Contribution. 

The  Congress  of  the  Confederate  States  of  America  do  enact^ 
That  the  Secretary  of  War  be  authorized  and  required  to  make  all 
necessary  arrangements  for  the  reception  and  forwarding  of  clothes, 
shoes,  blankets,  and  other  articles  of  necessity  that  may  be  sent  to 
the  Army  by  private  contribution. 

Approved  August  31, 1861. 

An  Act  to  allow  rations  to  Chaplains  in  the  Army. 

The  Congress  of  the  Confederate  States  of  America  do.  enactj 
That  Chaplains  in  the  army  be,  and  they  aje  hereby,  allowed  the 
same  rations  as  privates. 

Approved  August  31, 1861. 


A  Resolution  in  relation  to  Drillmasters  appointed  by  States. 

Whereas,  under  the  authority  of  some  of  the  States,  Drillmas- 
ters were  attached  to  various  regiments;  And,  whereas,  such  offi- 
cers are  not  recognized  by  the  laws  of  the  Confederate  States,  and 
consequently  were  not  mustered  into  service ;  And,  whereas,  sev- 
eral of  such  Drillmasters  have  nevertheless  continued  to  do  eflfec- 
tive  service,  voluntarily,  with  their  respective  regiments :  There- 
fore— 

Besolved,  That  such  Drillmasters  be  granted  an  honorable  dis- 
charge whenever  they  shall  apply  therefor. 

Approved  August  31, 1861. 


Resolutions  to  provide  Troops  in  the  field  with  Bread  and  fresh 

Provisions. 
Resolved  hy  the'  Congress  of  the   Confederate  States  of  America, 
That  the  Secretary  of  War  be,  and  he  is  hereby,  directed  to  furnish 

B** 


42  MILITARY  LAWS  OF  THE 

to  such  of  our  troops  in  the  field  as  desire  it,  upon  requisition  made, 
and  whenever  practicable,  in  lieu  of  the  usual  ration  of  flour,  an 
equivalent  of  well  baked  bread ;  to  this  end  he  is  authorized  to 
establish  bakeries  in  such  numbers  and  at  such  points  as  may  be 
necessary,  or  to  make  contracts  for  the  supply  of  such  bread. 

Resolvedj  That  a  daily  ration  of  fresh  vegetables  be  furnished 
to  all  troops  whenever  the  same  can  be  provided  at  reasonable  cost 
and  charges  to  the  government. 

Approved  August  31,  1861. 

An  Act  to  authorize  the  President  to  continue  the  appointments 
made  by  him,  in  the  Military  and  Naval  Service,  during  the 
recesses  of  Congress,  or  the  last  or  present  session,  and  to  sub- 
mit them  to  Congress  at  its  next  session. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  be  authorized  to  continue  the  appoint- 
ments made  by  him,  in  the  Military  and  Naval  Service,  during  the 
recesses  of  Congress,  or  during  the  last  or  present  session,  and  to 
submit  them  to  Congress  at  the  commencement  of  its  next  session. 

Approved  September  3,  1861. 


A  Resolution  for  the  relief  of  the  *'  Lumberton  Guards,"  (Com- 
pany D,)  Second  Regiment  North  Carolina  Volunteers. 

Whereas,  it  appears  that  the  Company  of  Volunteers  known  as 
Company  D,  of  the  Second  Regiment  of  North  Carolina  Volun- 
teers, now  serving  at  Sewell's  Point,  in  Virginia,  (having  been  or- 
ganized prior  to  the  admission  of  the  State  of  North  Carolina  into 
the  Confederacy,)  was  enlisted  for  the  period  of  six  months  only, 
and  has  been  erroneously  enrolled  for  the  period  of  twelve  months. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  President  be,  and  he  is  hereby,  authorized  to  discharge 
the  said  Company  at  the  expiration  of  six  months  from  the  period 
when  they  were  sworn  in  and  mustered  into  the  service  of  North 
Carolina,  according  to  the  terms  of  their  enlistment  as  aforesaid. 

Approved  December  3,  1861. 


An  Act  for  the  employment  of  Laundresses  m  Military  Hospitals. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  Superintendents  of  the  different  Military  Hospitals  be, 
and  they  are  hereby,  authorized  to  employ  Laundresses  for  the 
sick  and  wounded  soldiers,  at  such  rates,  and  in  such  numbers,  as 
may  be  prescribed  by  the  War  Department. 

Approved  December  7, 1861, 


CONFEDERATE   STATES.  43 

An  Act  to  authorize  the  appointment  of  one  or  more  officers  to 
aid  the  President  to  sign  Commissions  in  the  Army. 

7%c  Congrest  of  the  Confederate  Statt*  of  America  do  enact ^ 
That  the  President  be,  and  he  is  hereby,  authorized  to  delegate 
power  to  one  or  more  officers,  to  be  selected  by  him,  to  affix  the 
signature  of  the  President  to  Commissions  in  the  Army. 

Approved  December  7,  1861. 


An  Act  to  authorize  the  appointment  of  Chief  Buglers  and  Prin- 
cipal Musicians  to  Regiments  in  the  Provisional  Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact ^ 
That  the  President  be,  and  he  is  hereby,  authorized  to  appoint  a 
Chief  Bugler,  or  Principal  Musician,  according  to  corps,  to  each 
Regiment  in  the  Provisional  Army. 

Approved  December  10,  1861. 


An  Act  providing  for  the  granting  of  Bounty  and  Furloughs  to 
Privates  and  Non-Commissioned  Officers  in  the  Provisional 
Army. 

Section  1.  The  Congresn  of  the  Confederate  States  of  America 
do  enact,  That  a  bounty  of  fifty  dollars  be,  and  the  same  is  hereby, 
granted  to  all  privates,  musicians  and  non-commissioned  officers 
in  the  Provisional  Army,  who  shall  serve  continuously  for  three 
years  or  for  the  war,  to  be  paid  at  the  following  times,  to  wit :  To 
all  now  in  the  service  for  twelve  months,  to  be  paid  at  the  time  of 
volunteering  or  enlisting  for  the  next  two  ensuing  years  subse- 
quent to  their  present  term  of  service.  To  all  now  in  the  service 
for  three  years,  or  for  the  war,  to  be  paid  at  the  expiration  of  their 
first  year's  service.  To  all  who  may  hereafter  volunteer  or  enlist 
for  three  years  or  for  the  war,  to  be  paid  at  the  time  of  entry  into 
service. 

Sec.  2.  And  be  it  further  enacted,  That  furloughs  not  exceeding 
sixty  days,  with  transportation  home  and  back,  shall  be  granted  to 
all  twelve  months  men  now  in  service,  who  shall,  prior  to  the  ex- 
piration of  their  present  term  of  service,  volunteer  or  enlist  for  the 
next  two  ensuing  years  subsequent  to  the  expiration  of  their  pres- 
ent term  of  service,  or  for  three  years  or  the  war ;  said  furloughs 
to  be  issued  at  such  times  and  in  such  numbers  as  the  Secretary 
of  War  may  deem  mOst  compatible  with  the  public  interest ;  the 
length  of  each  furlough  being  regulated  with  reference  to  the  dis- 
tance of  each  volunteer  from  his  home:  Provided,  That  in  lieu  of 
a  furlough,  the  commutation  value  in  money  of  the  transportation 


44  MILITARY  LAWS  OF  THE 

herein  above  granted,  shall  be  paid  to  each  private,  musician,  or 
non-commissioned  officer,  who  may  elect  to  receive  it,  at  such 
time  as  the  furlough  itself  would  otherwise  be  granted. 

Sec.  3.  This  Act  shall  apply  to  all  troops  who  have  volunteered 
or  enlisted  for  a  term  of  twelve  months  or  more  in  the  service  of 
any  State,  who  are  now  in  the  service  of  said  State,  and  who  may 
hereafter  volunteer  or  enlist  in  the  service  of  the  Confederate 
States  under  the  provisions  of  the  present  Act. 

Sec.  4.  And  be  it  further  enacted,  That  all  troops  re-volunteef- 
ing  or  re-enlisting  shall,  at  the  expiration  of  their  present  term  of 
service,  have  the  power  to  re-organize  themselves  into  companies 
and  elect  their  company  officers,  and  said  companies  shall  have  the 
power  to  organize  themselves  into  battalions  or  regiments  and 
elect  their  field  officers ;  and  after  the  first  election,  all  vacancies 
shall  be  filled  by  promotion  from  the  company,  battalion  or  regi- 
ment in  which  such  vacancies  may  occur :  Provided,  That  when- 
ever a  vacancy  shall  occur,  whether  by  promotion  or  otherwise,  in 
the  lowest  grade  of  commissioned  officers  ot  a  company,  said  va- 
cancy shall  always  be  filled  by  election :  And  Provided  further, 
That  in  the  case  of  troops  which  have  been  regularly  enlisted  into 
the  service  of  any  particular  State  prior  to  the  formation  of  the 
Confederacy,  and  which  have,  by  such  State,  been  turned  over  to 
the  Confederate  Government,  the  ofiicers  shall  not  be  elected,  but 
appointed  and  promoted  in  the  same  manner  and  by  the  same  au- 
thority as  they  have  heretofore  been  appointed  and  promoted. 

Approved  December  11, 1861. 


An  Act  to  establish  the  date  from  which  the  Commissions  of  cer- 
tain staff  officers  shall  take  effect. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
Jo  enact,  That  all  Surgeons,  Assistant  Surgeons,  Quartermasters, 
Commissaries,  and  Assistant  Quartermasters  and  Commissaries, 
appointed  and  commissioned  in  the  Provisional  Army,  and  who 
may  have  commenced  their  service  before  receiving  their  commis- 
sions, shall  be  entitled  to  take  rank  and  receive  pay  from  the  date 
when  they  actually  commenced  to  perform  their  respective  duties, 
with  troops  in  the  service  of  the  Confederacy. 

Approved  December  18,  1861. 


An  Act  for  the  Recruiting  Service  of  the  Provisional  Army 
the  Confederate  States. 

Section  1.   The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  Secretary  of  War  be,  and  he  is  hereby,  authof- 


CONFEDERATE   STATES.  45 

ized  to  adopt  measures  for  recruiting  and  enlisting  men  for  com- 
panies in  service  for  the  war,  or  three  years,  which,  by  the  casual- 
ties of  the  service,  have  been  reduced  by  death  and  discharges. 

Sec.  2.  And  be  it  fvrther  enacted,  That  the  Secretary  of  War 
be,  and  he  is  hereby,  ;authorized  to  detail  the  company  commis- 
sioned officers  for  the  above  duty,  in  such  numbers  and  at  such 
times  as,  in  his  opinion,  will  best  comport  with  the  public  service  ; 
the  officers  thus  appointed  to  enlist  and  recruit  for  their  respective 
companies. 

Approved  December  19,  1861. 


An  Act  to  amend  an  Act  entitled  An  Act  to  establish  a  Uniform 
Rule  of  Naturalization  for  persons  enlisted  in  the  Armies  of  the 
Confederate  States  of  America. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  provisions  of  the  above  recited  Act  be,  and  the 
same  are  hereby,  extended  to  all  persons,  not  citizens  of  one  of  the 
Confederate  States,  who  are  engaged  in  the  naval  service  of  the 
Confederate  States,  during  the  present  war  with  the  United  States; 
Provided,  however,  That  the  oath  therein  prescribed  may  be  ad- 
ministered by  the  Captain  or  other  commanding  officer  of  any  na- 
tional ship,  to  all  persons  entitled  to  the  benelit  of  this  Act  and  at- 
tached thei-eto,  and  that  the  duties  therein  imposed  upon  the  Sec- 
retary of  War,  in  regard  to  persons  in  the  military  service,  shall 
be  performed  by  the  Secretary  of  the  Navy  in  i-efercnce  to  persons 
in  the  naval  service. 

Approved  December  24,  1801. 


An  Act  to  provide  for   Corps  of  Engineers  for  the    Provisional 

Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  to  appoint  o  - 
fleers  of  Engineers  in  the  Provisional  Army,  to  a  number  not  ex- 
ceeding fitly,  and  of  rank  not  higher  than  Captain,  whose  pay  and 
emoluments  shall  be  the  same  as  those  allowed  for  officers  of  a 
like  grade  in  the  Permanent  "Army  of  the  Confederacy,  and  whose 
appointments  shall  expire  at  the  end  of  the  pending  war. 

Approved  December  31,  1861. 


An  Act  to  amend  "  An  Act  to  authorize  the  President  to  confer 
temporary  rank  and  command  for  service  with  volunteer  troops, 
on  «jffic(  rs  of  the  Confederate  Army,"   approved  May  twenty 
;its.,  (Mgrilefu  uunuieG  kriu  siXu^  *»ije. 


46  MILITARY  LAWS  OF  THE 

Section  1.  Be  it  enacted  by  the  Congress  of  the  Confederate 
States  of  America,  That  the  above  entitled  Act  be  so  amended 
ttiat,  in  addition  to  the  power  therein  granted,  the  President  of  the 
Confederate  States  be,  and  he  is  hereby,  authorized  to  confer  tem- 
porary rani^  and  command  upon  officers  of  the  Confederate  Army 
on  dutv  in  the  several  Bureaus  of  the  Adjutant  and  Inspector 
General,  Chief  of  Engineers  and  Chief  of  Ordnance,  to  cease  at  the 
end  of  the  war;  the  same  to  be  held  without  prejudice  to  the  po- 
sitions in  said  Army. 

Approved  December  31,  1861. 


Aw  Act  to  provide  for  the  payment  of  certain  Indian  Troops. 

Seption  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact.  That  the  proper  Quartermaster  in  the  Military  Depart- 
ment of  Indian  Territory  be  authorized  to  pay  the  officers  and  men 
of  the  company  of  Creek  Mounted  Volunteers  raised  in  the  month 
of  August,  eighteen  hundred  and  sixty  one,  by  authority  of  the 
Commissioner  of  the  Confederate  States,  for  local  purposes,  at  the 
North  Fork  Village,  in  the  Creek  country ;  and  of  the  Cherokee 
Regiments  of  Colonels  Stand  Watie  and  John  Drew,  and  of  the 
Choctaw  and  Chickasaw  Regiment  of  Colonel  Douglas  H.  Cooper, 
and  of  the  Creek  Regiment  of  Colonel  Daniel  N.  Mcintosh,  and  of 
the  companies  of  Seminoles  raised  by  the  Chief,  by  authority  of 
the  same  Commissioner,  and  of  the  other  troops  called  into  the  service 
by  Colonel  Douglas  H.  Cooper,  to  aid  in  suppressing  the  insur- 
rection of  a  part  of  the  Creeks,  and  of  any  called  into  service  by 
the  Creek  Agent  for  the  same  purpose,  by  direction  of  the  Com- 
missioner, for  the  times  during  which  all  of  said  troops  were  in 
the  service,  afler  being  organized  and  before  being  mustered  into 
the  service,  in  the  same  manner  as  if  they  had  been  mustered  in 
at  the  respective  times  when  they  were  organized  and  received  by 
the  Commissioner  or  either  of  said  officers;  which  payments  shall 
be  made  upon  special  pay-rolls  for  that  purpose:  Provided,  That 
the  allowances  in  lieu  of  clothing  shall  be  paid  only  to  such  of  said 
officers  and  men  as  shall  have  since  been  or  may  be  mustered  into 
the  service,  and  that  none  shall  b(^  paid  who  have  deserted  or  dis- 
banded without  permission,  or  have  taken  sides  with  the  insurrec- 
tionists among  the  Creeks.  '«{ 

Sbc.  2  And  be  it  further  enacted,  That  the  accounts  of  the  bM- 
ing  Commissaries  and  Quartermasters  of  all  said  troops  shall  be 
settled  in  the  same  manner  as  if  the  troops  with  or  for  which  they 
acted  had  been  regularly  mustered  into  the  service  at  the  time  when 
they  were  organized  and  received  ;  and  that  the  debts  incurred  or  ; 
moneys  advanced  by  them,  be  paid  by  the  Brigade  Quartermaster 


.     CONFEDERATE   STATi^S.  47 

of  the  Brigade  commanded  by  Brigadier- General  Albert  Pike  : 
Provided^  further,  That  the  said  accounts  shall  be  also  approved  by 
the  said  Brigadier-General,  and  that  the  prices  paid  by  them  be 
found  by  him  not  to  have  been  excessive  or  exorbitant,  and  the 
debts  to  have  been  contracted  in  good  faith,  and  the  moneys  actu- 
ally advanced. 

Approved  December  31,  1861. 


Ak  Act  supplementary  to  An  Act  making  appropriations  for  cer- 
tain Floating  Defences,  approved  Januaay  ninth,  eighteen 
hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  to  raise  acorpis 
for  the  temporary  and  special  service  on  the  Western  waters,  to 
cause  to  be  enlisted  a  number  of  men  not  exceeding  six  thousand, 
anl  of  such  commissioned  and  non-commissioned  officers,  and  of 
such  rank,  either  Naval  or  Military,  as  the  President  may  deem 
necessary,  who  shall  severally  receive  such  pay  and  allowances  as 
he  niay  determine. 

Approved  January  14,  1862. 

An  Act  to  authorize  the  Secretary  of  War  to  Audit  and  Settle  the 
Claims  of  certain  Officers  therein  named. 

The  Congress  of  the  Confederate  States  of  America  do  enacts 
That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  to  au- 
dit and  settle  the  claims  of  all  Assistant  Quartermasters  General* 
Commissaries  General,  and  Surgeons,  who  discharged  the  duties  o^ 
said  offices,  from  the  date  of  the  transfer  of  the  Battalions  or  Regi- 
ments to  which  they  were  attached,  to  the  time  of  the  appointment 
of  their  successors  by  the  Confederate  Government :  Provided, 
Said  officers  held  commissions  from  their  respective  States  and  dis- 
charged the  duties  of  said  offices  under  said  Commissions,  and  no 
other  officers  during  the  time,  were  appointed,  or  discharged  the 
duties  of  the  same. 

Approved  January  15,  1862. 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  raise  an  additional 
Military  Force  to  serve  during  the  War,"  approved  May  eighth^ 
eighteen  hundred  and  sixty-one,  and  for  other  purposes. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  volunteers  offering  their  service  under  an  Act  enti- 
tled "An  Act  to  raise  an  additional  military  force  to  serve  during  the 


48  MILITARY  LAWS  OF  THE 

war/*  approved  May  eighth,  eighteen  hundred  and  sixty-one,  may 
be  accepted  by  the  President  singly  as  well  as  in  companies,  squad- 
rons, battalions  or  regiments. 

Sec.  2.  In  all  appointments  of  officers  raised  under  this  Act,  the 
field  and  company  officers  shall  be  chosen  and  appointed  in  the 
manner  prescribed  by  the  Act  entitled  "  An  Act  providing  for  the 
granting  of  bounty  aiid  furloughs  to  privates  and  non-commissioned 
oilicers  in  the  Provisional  Army,"  approved  December  eleventh, 
eighteen  hundred  and  sixty-one,  and  all  vacancies  occurring 
in  the  said  offices  after  the  first  election  made  under  this  Act,  as 
well  as  under  the  Act  entitled  "An  Act  to  raise  an  additional  mili- 
tary force  to  serve  during  the  war,"  approved  May  eighth,  eighteen 
hundred  and  sixty-one,  shall  be  filled  by  promotion,  according  to 
grade  and  seniority,  as  provided  in  the  said  Act  of  eleventh  December, 
eighteen  hundred  and  sixty-one,  except  in  case  of  disability  or  other 
incompetency:  Provided,,  hoivever,  That  the  President  be  author- 
ized to  depart  from  the  prescribed  rule  of  promotion  in  favor  of  any 
person  specially  distinguished  by  his  Commanding  General  for  ex- 
traordinary merit,  or  some  signal  act  of  military  skill  or  gallantry. 

Sec.  3.  Any  vacancies  occurring  in  the  ranks  of  companies  mus- 
tered into  the  Confederate  service  for  three  years  or  lor  the  war, 
may  be  filled  by  volunteers;  and  the  commander  of  each  of  said 
squadrons,  battalions,  or  regiments,  organized  as  aforesaid,  may  de- 
tail one  commissioned  officer  and  one  non-commissioned  officer,  and 
one  or  more  privates,  from  each  company  of  his  command,  with  the 
approval  of  the  Brigadier  General  of  the  Brigade  to  which  said 
squadron,  battalion  or  regiment  may  be  attached,  to  recruit  men  for 
said  company ;  so  that  the  same  may  contain  not  more  than  one 
hundred  and  twenty-five,  rank  and  file .  and  the  men  so  recruited 
shall  be  mustered  in  at  the  time  of  enrollment,  and  shall  be  entitled 
to  transportation  and  subsistence,  or  commutation  of  subsistence, 
till  they  join  their  respective  companies,  and  to  fifty  dollars  bounty, 
to  be  paid  at  the  time  of  joining  the  same. 

Sec.  4.  The  President  be,  and  he  is  hereby,  authorized  to  ap- 
point and  commission  persons  as  field  officers  or  captains  to  raise 
regiments,  squadrons,  battalions  or  companies,  and  the  individuals 
comprising  the  same  shall  be  mustered  in  at  the  time  of  enrollment,  and 
be  entitled  to  pay,  transportation  and  subsistence,  from  the  date  of 
the  organization  of  companies  ;  but  the  officers  so  appointed  by  the 
President  shall  not  be  entitled  to  any  pay  or  allowance  until  their 
respective  commands  be  fully  organized  and  reported  to  the  Secre- 
tary of  War;  and  said  appointments  shall  expire  if  the  officer  ap- 
pointed shall  not  within  a  reasonable  time,  not  to  exceed  two 
months  for  a  company,  and  four  months  for  a  battalion,  s<iuadron 
or  regiment,  rej»ort   the  cori>s  authorized  to  be  raised  by  him,  or- 


CONFEDEPvATK   STATES.  49 

ganized  and  ready  For  duty :  Provided,  neverthelessy  That  every  of- 
ficer so  commissioned  for  such  purpose,  shall  receive  an  appointment 
proportioned  to  the  force  he  recruits ;  And  provided,  furthermore, 
That  no  enlistments  under  the  commission  of  captain  shall  be  ob- 
ligatory, unless  the  number  be  sufficient  to  constitute  a  company. 
Approved  January  22,  1862. 

An  Act  to  authorize  the  appointment  of  Officers  of  Artillery  in 
the  Provisional  Army  and  in  the  Volunteer  Corps. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  to  appoint,  by 
and  with  the  advice  and  consent  of  Congress,  in  the  Provisional 
Army,  and  in  the  Volunteer  Corps,  officers  of  Artillery,  above  the 
rank  of  Captain,  without,  reference  to  the  number  of  batteries  un- 
der the  actual  command  of  the  officers  so  appointed,  not  to  exceed 
in  number,  however,  one  Brigadier-General  for  every  eighty  guns, 
one  Colonel  for  forty  guns,  one  Lieutenant  Colonel  for  every  twen- 
ty-four guns,  and  one  Major  for  every  sixteen  guns. 

Approved  January  22,  1862. 


A  Resolution  in  reference  to  the  Arms   of  the  Volunteers  for 

Twelve  Months. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  military  exigencies  of  the  Confederate  States  render  it  ab- 
solutely necessary  that  the  arms  of  the  volunteef-s  now  in  the  ser- 
vice should  be  kept  within  the  control  of  the  President  of  the  Con- 
federate States ;  so  that  whenever  the  present  volunteers  shall  be 
discharged  from  service,  the  arms  may  be  placed  in  the  hands  of 
others. 

Approved  January  22,  1862. 


An  Act  to  authorize  the  President  to  call  upon  the  several  States 
for  Troops  to  serve  for  Three  Years  or  during  the  War. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  first  section  of  the  Act  of  March  sixth,  eighteen 
hundred  and  sixty  one,  be,  and  is  hereby,  so  modified  as  to  author- 
ize the  President  to  call  upon,  the  several  States,  in  his  discretion, 
for  any  number  of  troops  not  exceeding,  in  the  aggregate,  the  num- 
ber heretofore  authorized,  to  serve  for  the  term  of  three  years  or 
during  the  war. 

Sec.  2.  In  making  such  requisitions,  the  Presi^lc at  shall  lakf  in- 
to consideration  the  number  of  troops  from  oach  State  already  en- 
8 


50  MILITARY  LAWS  OF  THE 

listorl  for  the  war  at  the  time  of  the  requisition,  and  shall,  as  far  as 
^    {racticable,  equalize  the  same  amongst  the  States  according  to 
their  respective  white  population. 
Approved  January  23,  1862. 

An  Act  to  provide  for  recruiting  companies  now  in  the  service  of 
the  Confederate  States  for  twelve  months. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  companies  of  volunteers,  now  in  the  service  of 
the  Confederate  States  under  enlistment  for  the  term  of  twelve 
months,  may  be  recruited  by  enlisting,  or  receiving,  volunteers  for 
three  years  or  the  war,  to  a  number  not  to  exceed  one  hundred  and 
twenty-five,  rank  and  file,  and  companies  so  recruited  shall,  at  the 
expiration  of  the  term  of  service  of  the  original  company,  elect 
their  commissioned  officers ;  and  vacancies  thereafter  occurring  in 
the  commissioned  offices  of  such  companies  shall  be  filled  by  pro- 
motion of  said  commissioned  officers,  except  that  vacancies  in 
the  lowest  grade  of  such  offices,  shall  be  filled  by  election. 

Sec.  2.  The  Colonel  or  commanding  officer  of  the  several  regi- 
ments, battalions  and  squadrons  enlisted  for  twelve  months  as 
aforesaid,  may  detail  one  commissioned  officer  and  not  exceeding 
two  privates  of  each  company,  to  recruit  for  their  respective  com- 
panies, and  the  officers  and  privates  so  detailed  shall  be  entitled  to 
transportation  while  so  engaged,  and  the  recruits  so  enlisted  shall 
be  entitled  to  pay,  transportation  and  subsistence  from  the  time 
and  place  of  enlistment,  together  with  the  sum  of  fifty  dollars,  as  a 
bounty,  upon  joining  their  respective  companies. 

Sec.  3.  The  original  volunteers,  in  such  companies,  re-enlisting, 
according  to  the  terms  of  the  Act  entitled  "  An  Act  providing  for 
tlif  granting  of  bounty  and  furloughs  to  privates  and  non-commis- 
sioned officers  in  the  Provisional  Army,"  may  re-enlist  in,  and  form 
part  of,  the  companies  to  be  recruited  as  herein  provided ;  and 
when  all  the  companies  composing  the  regiment,  battalion,  or  squad- 
ron as  aforesaid,  shall  by  recruiting  as  aforesaid,  or  by  re-enlist- 
mont  and  recruiting,  as  aforesaid,  have  attained  at  the  date  of  the 
expiration  of  the  term  of  service  of  the  original  companies,  the 
number  required  by  law  for  a  company,  the  number  and  designa- 
^.tionofsuch  regiment,  battalion,  or  squadron,  may  continue,  or 
^'s\ich  of  said  companies  as  are  complete  at  that  date,  may  re-organ- 
'^  into  new  regiments,  battalions,  or  squadrons,  or  attach  them- 
jclves  to  other  regiments,  battalions  or  squadrons ;  and  in  all  such 
cases  the  field  officers  shall  be  elected,  and  vacancies  thereafter  oc- 
(Min-ing  in  such  field  offices  shall  be  filled  by  promotion,  as  directed 
l.>j  the  act  aforesaid. 


^  CONFEDERATE   STATES.  55 

Jfe  The  Congress  of  ike  Confederate  States  of  America  do  euo^f, 
That  if  any  officer  of  the  army  be  appointed  Secretary  of  War,  and 
enter  upon  the  duties  of  that  office,  he  shall  not  thereby  loiso  liis 
rank  in  the  army,  but  only  the  pay  and  allowance  thereof,  durinj^ 
the  time  he  is  Secretary  of  War,  and  receiving  the  salary  of  that 
officer. 

Approved  February  27,  1862. 


An  Act  to  authorize  the  suspension  of  the  Writ  of  Habeas  Corpus 

in  certain  cases. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  during  the  present  invasion  of  the  Confederate  States,  the 
President  shall  have  power  to  suspend  the  privilege  of  the  writ  of 
habeas  corpus  in  such  cities,  towns,  and  military  districts  as  shall, 
in  his  judgment,  be  in  such  danger  of  attack  by  the  enemy  as  to 
require  the  declaration  of  martial  law  for  their  effective  defence. 

Approved  February  27,  1862. 


An  Act  to  regulate  the  Destruction  of  Property  under  military  ne- 
cessity, and  to  provide  for  the  Indemnity  thereof. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  military  authorities  of  the  Confederate  Army  are  hereby 
authorized  and  directed  to  destroy  cotton,  tobacco,  military  and 
naval  stores,  or  other  property  of  any  kind  whatever,  which  may 
aid  the  enemy  in  the  prosecution  of  the  war,  when  necessary  to  pre- 
vent the  same,  or  any  part  thereof,  from  falling  into  the  hands  of 
the  enemy. 

Sec.  2.  Be  it  further  enacted^  That  the  owners  of  property  de- 
stroyed under  the  operation  of  this  act,  as  well  as  those  persons 
who  shall  voluntarily  destroy  their  property  to  prevent  the  same 
from  falling  into  the  hands  of  the  enemy,  are  hereby  authorized  to 
perpetuate  the  testimony  of  such  destruction,  in  the  manner  pre- 
scribed by  an  act  of  the  Provisional  Congress,  entitled  "An  Act  to 
perpetuate  testimony  in  cases  of  slaves  abducted  or  harbored  by  the 
enemy,  and  of  other  property  seized,  wasted,  or  destroyed  by  them," 
approved  thirtieth  August,  eighteen  hundred  and  sixty-one;  and 
such  owners  and  person  shall  be  entitled  to  indemnity  out  of  the 
proceeds  of  property  sequestered  and  confiscated  under  the  laws  of 
the  Confederate  States,  in  such  manner  as  Congress  may  hereafter 
provide. 

Approved  March  17th,  1862. 


56  MILITARY  LAWS  OF  THE 

An  Act  to  provide  for  the  further  Defence  of  the  Bay  of  Mobile, 
and  the  Alabama  River. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  sum  of  one  million  and  two  hundred  thousand  dollars  is 
hereby  appropriated  for  the  further  defence  of  the  Bay  of  Mobile, 
and  the  Alabama  river,  to  be  expended,  at  the  discretion  of  the 
President,  by  the  Secretary  of  the  Navy ;  and  that  the  disbursement 
of  said  money  shall  be  made  in  the  manner  provided  by  law  for  ap- 
propriations for  the  Navy. 

Sec.  2.  Be  it  further  enacted.  That  the  President  is  hereby  au- 
thorized to  raise  a  corps  for  the  temporary  and  special  service  pro- 
vided for  in  the  first  section  of  this  act  in  the  Bay  of  Mobile,  and 
the  Alabama  river,  consisting  of  a  number  of  men  not  exceeding 
six  thousand,  and  'of  such  commissioned  and  non-commissioned  offi- 
cers, and  of  such  rank  as  the  President  may  deem  necessary,  who 
shall  severally  receive  such  pay  and  allowances  as  he  may  deter- 
mine.' 

Approved  March  24,  1862. 


An  Act  to  provide  a  Staff  and  Clerical  force  for  any  General  who  may 
be  assigned  by  the  President  to  duty  at  the  seat  of  Government. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  whenever  the  President  shall  assign  a  General  to  duty  at  the 
seat  of  Government,  the  said  General  shall  be  entitled  to  the  fol- 
lowing staff,  to  wit :  A  military  Secretary,  with  the  rank  of  Colonel; 
four  aids-de-camp,  with  the  rank  of  Major;  and  such  clerks,  not  to 
exceed  four  in  number,  as  the  President  shall,  from  time  to  time, 
authorize.  The  pay  and  allowance  of  the  military  Secretary  and 
aids-de-camp,  shall  be  the  same  as  those  of  officers  of  cavalry  of 
like  grade  ;  and  the  salaries  of  the  clerks  shall  not  exceed  twelve 
hundred  dollars  per  annum  for  each.  Such  offices,  office  furniture, 
fuel,  and  stationery,  shall  be  provided  for  the  said  General  as  the 
duties  of  his  office  may  render  necessary,  to  be  paid  for  out  of  the 
appropriation  for  the  contingent  expenses  of  the  War  Department. 

Approved  March  25,  1862. 

An  Act  to  authorize  the  President  to  increase  his  personal  Staff. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  during  the  existing  war  the  President  may,  as  Commander- 
in-chief  of  the  forces,  appoint,  at  his  discretion,  for  his  personal 
staff,  four  aids-de-camp,  in  addition  to  the  number  now  allowed  by 
law,  with  the  rank,  pay,  and  allowances  of  a  colonel  of  cavalry. 

Approved  April  2,  1862. 


•^^  CONFEDERATE   STATES.  53 

An  Act  to  provide  for  an  increase  of  the  Quartermaster  and  Com- 
missary Departments. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  in  addition  to  the  number  of  Quartermasters,  Assistant  Quar- 
termasters, Commissaries,  and  Assistant  Commissaries,  now  allowed 
by  law,  the  President  shall  have  authority  to  appoint  as  many  of 
said  officers,  as  shall,  in  his  discretion,  be  deemed  necessary  at  per- 
manent posts  and  depots ;  said  appointments  to  terminate  at  the  close 
of  the  war,  or  sooner  if  the  services  of  the  officer  can  be  advanta- 
geously dispensed  with  :  Provided,  That  no  Quartermaster,  Assist- 
ant Quartermaster,  Commissary,  of  Assistant  Commissary,  be  author- 
ized to  employ  a  clerk  ;  but  the  commanding  officer  of  Quartermas- 
ters, Assistant  Quartermasters,  Commissaries,  or  Assistant  Commis- 
saries, shall  detail  from  the  ranks  under  his  command  such  person 
or  persons  as  may  be  necessary  for  service  in  the  offices  of  said 
Quartermasters,  Assistant  Quartermasters,  Comnjissaries,  and  As- 
sistant Commissaries. 

Approved  February  15,  1862. 


An  Act  concerning  the  Pay  and  Allowances  due  to  Deceased  Soldiers. 

Section  1.  TJie  Gcngress  of  the  Confederate  States  of  America 
do  enact.  That  the  pay  and  allowances  due  to  any  deceased  volun- 
teer, non-commissioned  officer,  musician,  or  private,  in  the  army  of 
the  Confederate  States,  shall  be  paid  to  the  widow  of  the  deceased, 
if  living;  if  not,  to  the  children,  if  any;  and  in  default  of  widow 
or  children,  to  the  father,  if  living,  and  if  not,  to  the  mother  of 
such  deceased  volunteer. 

Sec.  2.  The  pay  and  allowance  due  as  aforesaid  shall  be  paid  by 
the  paymaster  or  proper  officer  charged  with  the  payment  of  the 
troops,  to  the  person  or  persons  entitled  to  the  same,  or  to  his  or 
her  authorized  agent,  attorney,  or  guardian,  upon  the  pay-roll  made 
out  and  certified  by  the  Captain  or  commanding  officer  of  the  com- 
pany to  which  the  deceased  was  attached,  which  pay-roll  the  captain 
or  commanding  officer  as  aforesaid  shall  make  out  and  deliver  to 
the  person  or  persons  entitled  to  such  pay  and  allowance,  or  to  his, 
her,  or  their  authorized  agent,  attorney,  or  guardian,  and  shall  state 
in  such  pay-roll  the  name  of  the  deceased  volunteer,  the  company 
arid  regiment  to  which  he  was  attached,  and  the  date  of  his  enlist- 
ment and  death  ;  and  the  paymaster  or  officer  to  whom  said  pay-roll 
shall  be  directed,  shall  pay  the  same  according  to  the  tenor  thereof, 
and  shall  file  such  pay-roll  with  the  pay-rolls  of  the  army. 

Approved  February  15,  1862. 


54  *  MILITARY  LAWS  OP  THE  ^ 

An  Act  to  make  disposition  of  Negro  Slaves  captured  from  Hostile 

Indians. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  negroes  who  are  slaves,  belonging  to  hostile  In- 
dians who  are  members  or  citizens  of  any  one  of  the  tribes  of  Indi- 
ans friendly  to  this  Government,  and  who  have  been,  or  may  here- 
after be,  captured  by  troops  or  persons  in  the  service  of  the  Con- 
federate States,  shall  be  delivered  to  the  Superintendent  of  Indian 
Affairs  west  of  Arkansas. 

Seo.  2.  That  said  superintendent  shall  carefully  inform  himself 
of  the  persons  and  tribes  to  whom  each  negro  belongs,  and  shall 
promptly  notify  the  Executive,  or  Head  Chief  of  the  proper  tribe 
or  tribes,  to  receive  the  same  at  some  convenient  place,  and  shall 
deliver  said  negro  or  negroes,  to  said  Executive,  or  Head  Chief  of 
said  friendly  tribe  or  tribes,  as  captured  property,  to  be  held  by 
said  tribe  or  tribes  until  such  provisions  and  orders  shall  be  made 
by  this  Government  as  shall  seem  just  and  wise,  and  shall  take  re- 
ceipts for  the  same. 

Seo.  3.  That  the  said  Superintendent  shall,  at  or  before  the  time 
of  such  delivery,  make  out  a  record,  showing  the  name  and  age  and 
value  of  each  slave  received  by  him,  and  shall  report  the  same,  and 
the  fact  of  such  delivery,  or  other  disposition  of  each  of  said  ne- 
groes, to  the  Commissioner  of  Indian  Aflfairs,  together  with  all  the 
facts  of  time,  place,  and  circumstances  of  the  capture,  and  by  whom 
captured ;  but  in  no  case  shall  any  free  negro  who  is  so  captured  be 
given  up  by  virtue  of  this  Act. 

Approved  February  17,  1862. 

I      .   I     i 

An  Act  to  fix  the  Date  at  which  the  Bounty  shall  be  paid  to  Soldiers 

enlisting  for  the  War. 

The  Congress  of  the  Confederate  States  of  America  do  enactj 
That  the  bounty  of  fifty  dollars,  allowed  by  existing  laws  to  soldiers 
enlisting  for  the  war,  or  re-enlisting  for  two  years,  or  recruited,  shall 
be  payable  as  soon  as  the  volunteer  entitled  thereto  shall  have  been 
sworn  into  the  service  of  the  Confederate  States,  and  shall  have  been 
pronounced  by  any  Surgeon,  or  Assistant  Surgeon  of  the  Confeder- 
ate States,  after  inspection,  as  being  fit  and  able  to  do  military 
service.  *  " 

Approved  February  17,  1862. 

An  Act  supplementary  to  an  act  entitled  "An  Act  to  establish 
the  War  Department,"  approved  February  twenty-first,  eighteen 
hundred  and  sixty-one. 


CONFEDERATE  STATES.  61 

Sec.  4.  Companies  organized  by  re-enlisted  twelve  months  vol- 
unteers, under  the  act  aforesaid,  may  be  recruited  to  the  number 
of  one  hundred  and  twenty-five,  in  the  manner  prescribed  in  the 
second  section  of  this  act. 

Sec.  5.  When,  at  the  date  of  the  expiration  of  the  term  of  ser- 
vice of  the  original  company,  the  number  of  recruits  and  enlisted 
men  may  not  amount  to  the  minimum  number  required  for  a  com- 
pany, the  recruited  men  may  combine  with  recruits  of  other  com- 
panies in  like  situation,  so  as  to  form  complete  companies;  and  in 
default  of  such  combinations,  the  said  recruits  may  be  assigned  or 
distributed  to  other  companies,  from  the  State  in  which  such  re- 
cruits were  enlisted. 

Sec.  6.  The  Secretary  of  War  shall  make  all  needful  rules,  to 
carry  into  effect  the  foregoing  provisions. 

Approved  January  27,  1862. 


An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  for  the 
Public  Defence,"  approved  March  sixth,  eighteen  hundred  and 
sixty-one. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  Act  entitled  "  An  Act  to  provide  for  the  Public 
Defence^"  approved  sixth  March,  eighteen  hundred  and  sixty-one, 
be,  and  the  same  is  hereby,  so  amended  that  the  provisions  of  the 
second  section  of  said  Act,  limiting  the  term  for  which  the  militia 
may  be  called  into  service,  to  a  period  not  exceeding  six  months, 
shall  not  apply  to  men  drafted  into  service  by  the  seveial  States, 
and  furnished  by  said  States  to  the  President,  for  service  for  three 
years  or  during  the  war,  in  response  to  requisitions  made  upon 
said  States  according  to  law. 

Approved  January  29,  1862. 

An  Act  supplemental  to  an  Act  entitled  "  An  Act  providing  for 
the  granting  of  bounty  and  furloughs  to  privates  and  non-com- 
missioned officers  in  the  Provisional  Army." 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  provisions  of  the  above  entitled  Act,  so  far  as  the  same 
are  applicable  to  re-enlistment  of  twelve  months  volunteers,  be, 
and  the  same  are  hereby,  extended  to  troops  now  in  the  service 
of  any  State  for  a  term  not  less  than  three  months,  who  may  re- 
enlist  in  the  service  of  the  Confederate  States,  according  to  provis- 
ions of  said  Act,  for  a  term  which,  added  to  their  present  term  of 
service,  may  amount  to  three  years. 

Approved  February  3,  1862. 


52  MILITARY  LAWS  OF  THE 

An  Act  supplementary  to  an  Act  entitled  "  An  Act  to  amend  an 
Act  entitled  An  Act  to  raise  an  additional  force  to  serve  during 
the  war,  and  for  other  purposes,"  approved  May  eighth,  eigh- 
teen hundred  and  sixty-one. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  second  section  of  the  above  recited  Act,  requir- 
ing the  election  of  field  and  company  officers  by  regiments  and 
companies,  shall  not  apply  to  companies,  battalions  and  regiments 
raised  under  the  fourth  section  of  said  Act;  but  the  officers  ap- 
pointed by  the  President  to  raise  such  companies,  battalions  and 
regiments  shall  be  the  officers  of  the  same;  and  the  commissions 
of  such  officers  granted  by  the  President  shall,  when  their  respec- 
tive commands  are  fully  organized,  be  absolute. 

Approved  February  3,  1802. 


An  Act  to  authorize  and  provide  for  the  orgnnization  of  the 

Maryland  Line. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  native  or  adopted  citizens  of  the  State  of  Mary- 
land who  have  heretofore  volunteered,  are  now  in,  or  may  here- 
after volunteer  in  the  service  of  the  Confederate  States,  may,  at 
their  option,  be  organized  and  enrolled  into  companies,  squadrons, 
battalions  and  regiments,  and  with  the  First  Maryland  Regiment, 
and  several  companies  now  in  service,  into  one  or  more  brigades, 
to  be  known  as  the  Maryland  Line ;  said  organization  to  ba  in  ac- 
cordance with  existing  laws. 

ArrROvao  February  15,  1802. 


An  Act  to  fix  the  Rank  of  Certain  Officers. 

Tlie  Congress  of  the  Conf'drrate  States  of  America  do  enact, 
That  the  rank  of  commissioned  officers  of  regiraentfl,  battalions, 
squadrons,  and  companies,  who  continue  in  service  by  re-election  in 
reg'ments,  battalions,  squadrons,  or  companies,  organized  of  troops 
re-enlisting  under  the  act  providing  for  the  granting  of  bounty  and 
furloughs  to  privates  and  non-commissioned  officers  in  the  Provis- 
ional Army,  approved  Deceniber  eleventh,  eighteen  hundred  and 
sixty-one,  and  the  Act  supplemental  thereto,  approved  February 
third,  eighteen  hundred  and  sixty-two,  or  under  the  act  to  provide 
for  the  recruiting  companies  now  in  the  service  of  the  Confederate 
States  for  twelve  months,  approved  January  twenty-ninth,  eighteen 
hundred  and  sixty-two,  shall  date  from  the  time  of  their  original 
election  or  ap))ointnient :  Providcdf  such  oflicers  shall  be  re-elected 
or  appointed  to  oflices  of  the  panic  grade  in  the  same  corps. 

Arl'KuVED  February  Iry,  I  SOU. 


CONFEDERATE    STATES.  67 

An  Act  to  amend  an  Act  approved  May  10th,  1861,  entitled  "An 
Act  to  amend  an  Act  to  provide  for  the  public  defence/'  approved 
March  6th,  1861. 

The  Con^/ress  of  the  Confederate  States  of  America  do  enact, 
That  the  act  approved  May  tenth,  1861  entitled  "An  Act  to  amend  an 
act  to  provide  for  the  public  defence,"  approved  March  sixth,  1861, 
be,  and  the  same  is  hereby,  so  amended  as  to  apply  also  to  compa- 
nies received  into  service   for  duty  as  Heavy  Artillery. 

Sec.  2.  The  provisions  of  this  act  and  of  the  aq^  of  May  tenth, 
1861,  shall  extend  to  all  companies  of  Light  and  Heavy  Artillery, 
which  are  now  in,  or  may  be  hereafter  received  into  the  service, 
and  all  acts  or  parts  of  acts  in  conflict  therewith  are  hereby 
repealed. 

Approved  April  3,  1862. 


An  Act  to  provide  for  keeping  all  Fire  arms  in  the  Armies  of , the 
Confederate  States  in  the  hands  of  eflfective  men. 

The  Congress  of  the  Confederate  ^Staies  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  to  organize  com- 
panies, battalions,  or  regiments  of  troops,  to  be  armed  with  pikes, 
or  other  available  arms,  to  be  approved  by  him,  when  a  sufficient 
number  of  arms  of  the  kind  now  used  in  the  service  cannot  be  pro- 
cured;  such  companies,  battalions,  or  regiments  to  be  organized  in 
the  same  manner  as  like  organizations  of  infantry  now  are,  under 
existing  laws. 

8kc.  2.  Be  ft  farther  enacted ^  That  the  President  may  cause  the 
troops  armed  and  organized  as  herein  provided-,  to  serve  as  similar 
organizations  of  infantry  now  do,  or  to  attach  troops  so  armed  co 
other  regiments  in  the  service,  in  numbers  not  exceeding  two  com- 
panies of  troops  so  armed  to  each  regiment.  And  the  colonel  of 
the  regiment  to  which  such  companies  may  be  attached,  shall  have 
power  to  detail  men  from  such  companies  to  take  the  place  of  men 
in  the  companies  armed  with  fire-arms,  whenever  vacancies  may 
occur  from  death,  or  discharge,  or  in  cases  of  absence,  from  sickness, 
furlough,  or  any  other  cause  ;  the  true  intent  and  meaning  of  this 
provision  being  to  render  every  fire-arm  in  the  army  available  at 
all  times,  by  having  it  always  in  the  hands  of  a  well  and  effective 
man. 

Sec.  3.  Immediately  after  the  passage  of  this  act  it  shall  be  the 
duty  of  the  Secretary  of  War  to  furnish  a  copy  of  the  same  to  eve- 
ry General  in  the  service. 

Approved  April  10th,  1862. 


m  41 


4» 


58  MILITARY  LAWS  OF  THE 

An  Act  for  the  Pajment  of  Musicians  in  the  army  not  regularly 

enlisted. 

The  Congress  of  the  Confederate  States  of  America  do  enacff 
That  whenever  colored  persons  are  employed  as  musicians  in  any 
regiment  or  company,  they  shall  be  entitled  to  the  same  pay  now 
allowed  by  law  to  musicians  regularly  enlisted  :  Provided^  that  no 
such  persons  shall  be  so  employed  except  by  the  consent  of  the 
commanding  oflBcer  of  the  brigade  to  which  said  regiments  or  com- 
panies may  belong. 

Approved  April  15, 1862. 


An  Act  to  further  provide  for  the  Public  Defence. 

^  In  view  of  the  exigencies  of  the  country,  and  the  absolute  neces- 
sity of  keeping  in  the  service  our  gallant  army,  and  of  placing  in 
the  field  a  large  additional  force  to  meet  the  advancing  columns  of 
the  enemy  now  invading  our  soil  :  Therefore — 

The  Ccugress  of  the    Confederate  States  of  America   do  enact y 
That  the  President  be,  and  he  is  hereby,  authorized  to  call  out  and 
place  in  the  military  service  of   the  Confederate  States,  for  three 
years,  unless  the  war  shall  have  been  sooner  ended,  all  white  men 
who  are  residents  of  the  Confederate  States,  between  the  ages  of 
eighteen  and  thirty-five  years  at  the  time  the  call  or  calls  may  be 
made,  who  are  not  legally  exempted  from  military  service.     A.11  of 
the  persons  aforesaid  who  are  now  in  the  armies  of  the  Confederacy, 
and  whose  term  of  service  will   expire   before  the  end  of  the  war, 
shall  be  continued  in  the  service  for  three  years   from   the  date  of 
their  original  enlistment,  unless  the  war  shall  have  been  sooner 
ended  :    Provided^  hoicever,   That  all   such  companies,  squadrons, 
battalions,  and  regiments,  whose  term  of  original  enlistment  was  for 
twelve  months,  shall  have  the  right,  within  forty  days,  on  a  day  to 
be  fixed  by  the  Commander  of  the  Brigade,  to  re-organize  said  com- 
panies, battalions,  and  regiments,  by  electing  all  their  officers,  which 
they   had   a   right    heretofore    to    elect,    who  shall   be   commis- 
sioned by  the  President :  Provided  further ,  That  furloughs  not  ex- 
ceeding sixty  days,  with  transportation  home  and  back,  shall  be 
granted  to  all  those  retained  in  the  service  by  the  provisions  of  this 
Act  beyond  the  period  of  their  original   enlistment,  and  who  have 
not  heretofore  received   furloughs  under  the   provisions  of  an  Act 
entitled  ''An  Act  providing  for  the  granting  of  bounty  and  fur- 
loughs to  privates  and  non  commissioned  officers  in  the  Provisional 
Army,"  approved  eleventh  December,  eighteen  hundred  and  sixty- 
one,  said  i'urloughs  to  be  granted  at  such  times  and  in  such  numbers 
as  the  Secretary  of  War  may  deem  most  compatible  with  the  public 


CONFEDERATE   STATES.  59 

^. 
interest:  and  Provided  further^  That  in  lieu  of  a  furlough  the  com- 
mutation value  in  money  of  the  transportation  herein  above  granted, 
shall  be  paid  to  each  private,  musician,  or  non-commissioned  officer 
who  may  elect  to  receive  it,  at  such  time  as  the  furlough*  would 
otherwise  be  granted  :  Provided  further^  That  all  persons'  under 
the  age  of  eighteen  years  or  over  the  age  of  thirty-five  years,  who 
are  now  enrolled  in  the  military  service  of  the  Confederate  States, 
in  the  regiments,  squadrons,  battalions,  and  companies  hereafter  to 
be  re-organized,  shall  be  required  to  remain  in  their  respective  com- 
panies, squadruns,  battalions,  and  regiments  for  ninety  days,  unless 
their  places  ciin  be  sooner  supplied  by  other  recruits  not  now  in 
the  service,  who  are  between  the  ages  of  eighteen  and  thirty-five 
years;  and  all  laws  and  parts  of  laws  providing  for  the  re-enlist- 
ment of  volunteers  B,nd  the  organization  thereof  into  companies, 
squadrons,  battalions,  or  regiments,  shall  be,  and  the  same  arc 
hereby,  repealed. 

Skc.  2.  Be  it  further  enacted,  That  such  companies,  squadrons, 
battalions,  or  regiments  organized,  or  ^in  process  of  organization 
by  authority  from  the  Secretary  of  War,  as  may  be  Mithin  thii-ty 
days  from  the  passage  of  this  act,  so  far  completed  as  to  have  the 
wholie  number  of  men  requisite  for  organization  actually  enrolled, 
not  embracing  in  said  organizations  any  persons  now  in  service, 
shall  be  mustered  into  the  service  of  the  Confederate  States  as  part 
of  the  land  forces  of  the  same,  to  be  received  in  that  arm  of  the 
service  in  which  they  are  authorized  to  organize,  and  shall  elect 
their  company,  battalion,  and  regimental  officers. 

Sec.  3.  Be  it  further  enacted^  That  for  the  enrollment  of  all 
persons  comprehended  within  the  provisions  of  this  act,  who  are 
not  already  in  service  in  the  armies  of  the  Confederate  States,  it 
shall  be  lawful  for  the  President,  with  the  consent  of  the  Gover- 
nors of  the  respective  States,  to  employ  State  officers,  and  on  failure 
to  obtain  such  consent,  he  shall  employ  Confederate  officers,  charircd 
with  the  duty  of  making  such  enrollment  in  accordance  with  rules 
and  regulations  to  be  prescribed  by  him. 

Seq.  4.  Be  it  further  enacted,  That  persons  enrolled  under  the 
provisions  of  the  preceding  section,  shall  be  assigned  by  the  Sec- 
retary of  War,  to  the  different  companies  now  in  the  service,  until 
each  company  is  filled  to  its  maximum  number,  and  the  persons  so 
enrolled  shall  b^  assigned  to  companies  from  the  States  from  which 
they  respectively  come. 

Sec.  5.  Be  it  further  enacted,  That  all  Seanien  and  ordinary  Sea- 
men in  the  land  forces  of  the  Confederate  States,  enrolled  under 
the  provisions  of  this  Act,  may,  on  application  to  the  Secretary 
of  the  Navy,  be  transferred  from  the  land  forces  to  the  Naval 
service. 


60  4MILITARY  LAWS  OF  THE 

Sec.  6.   Be  it  fvrther  enacted,  That  in  ^1  cases  where  a  State  may 
not  have  in  the  army   a  number  of  re^uents,  battalions,  sqaad- 
rons,  or  companies,  suflicient  to  absorb  the  number  of  persons  sub- 
ject to  military   service   under  this   Act,   belonging  Lo  such  State, 
then  the  residue  or  excess  thereof  shall  be  kept  as  a  reserve,  under 
such  regulations  as  may  be  established  by    the  Secretary  of  War, 
and  that  at  stated  periods  of  not  greater  than  three  months,  details, 
determined  by  lot,  shall  be  made   from  said  reserve,  so  that  each 
company  shall,  as  r.«'arly  as  practicable,   be  kept  full  :    Provided, 
That  the  persons  held  in  reserve  may  remain  at  home  until  called 
into  service  by  the  President:     Provided,   also,  That  during  their 
stay  at  home,  they  shall  not  receive  pay  :  Provided,  further,  That 
the  persons  comprehended  in  this  Act,  shall  n Jt  be  subject  to  the 
Rules  and  Articles  of  War,  until  mustered  into  the  actual  service 
of  the  Confederate  States;  except  that  said  persons,  when  enrolled, 
and  liable  to  duty,    if  they  shall  willfully  refuse  to  obey  said  call, 
each  of  them  shall  be  held  to  be  a  deserter,  and  punished  as  such, 
under  said  Articles  :   Provided,  further,  That  whenever,  in  the  opin- 
ion of  the  President,  the  exigencies  of  the  public  service  may  re- 
quire it,  he  shall  be  authorized  to  call  into  actual  service  the  entire 
reserve,  or  so  much  as  may  be  necessary,  not  previously  assigned 
to  ditferent  companies  in  service  under  provision  of  section  four  of 
this  Act ;  said  reserve  shall  be  organised  under  such  rules  as  the 
Secretary  of  War  may  adopt :  Provided,  The  company,  battalion, 
and  regimental  officers  shall  be  elected   by  the  troops  composing 
the  same  :  Provided^  The  troops  raised  in  any  one  State  shall  not 
be  combined  in  regimental,  battalion,  squadron,  or  company  organ- 
ization with  troops  raised  in  any  other  States. 

Sec.  7.  Be  it  further  enacted,  That  all  soldiers  now  serving  in 
the  army  or  mustered  into  the  military  service  of  the  Confederate 
States,  or  enrolled  in  said  service  under  the  authorizations  hereto- 
fore issued  by  the  Secretary  of  War,  and  who  are  continued  in  the 
service  by  virtue  of  this  Act,  who  have  not  received  the  bounty  of 
fifty  dollars  allowed  by  existing  laws,  shall  be  entitled  to  receive 
said  bounty. 

Sec.  8.  Be  it  further  enacted,  That  each  man  who  may  hereafter 
be  mustered  into  sej-vice,  and  who  shall  arm  himself  with  a  nms- 
ket,  shot-gun,  rifle,  or  carbine,  accepted  as  an  efficient  weapon,  shall 
l)e  paid  the  value  thereof,  to  be  ascertained  by  the  mustering  officer 
und<r  such  regulations  as  may  be  prescribed  by  the  Secretary  of 
War,  if  he  is  willing  to  sell  the  same,  and  if  he  is  not,  then  he 
shall  l)c  entitled  to  receive  one  dollar  a  month  lor  the  use  of  said 
received  and  approved  musket,  ritle,  shot-gun,  or  carbine. 

Sec.  9.  Be  it  further  enacted.  That  persons  not  liable  for  duty 
may  be  received  as  substitutes  for  those  who  are,  under  such  regu- 
lations as  may  be  prescribed  by  the  Secretary  of  War. 


CONFEDERATE    STATES.  61 

Sec.  10;  Be  it  fvrther  enacted,  That  all  vacancies  shall  be  filled 
by  the  President  from  the  company,  battalioti,  squadron,  or  regi- 
ment in  which  such  vacancies  shall  occur,  by  promotion  according 
to  seniority,  except  in  case  of  disability  or  other  incompetency  : 
Provided,  however,  That  the  President  may,  when  in  his  opinionj^  it 
may  be  proper,  fill  such  vacancy  or  vacancies  by  the  promotion  of 
any  officer  or  officers,  or  private  or  privates,  from  such  company, 
battalion,  squadron,  or  regiment,  who  shall  have  been  distinguished 
in  the  service  by  exhibition  of  valor  and  skill ;  and  that  whouever 
a  vacancy  shall  occur  in  the  lowest  grade  of  the  commissioned  ofii- 
cers  of  a  company,  said  vacancy  shall  be  filled  by  election  :  Pro- 
vided, That  all  appointments  made  by  the  President  shall  be  by 
and  with  the  advice  and  consent  of  the  Senate. 

Sec.  \\.  Se  it  further  enacted,  That  th3  provisions  of  the  first 
section  of  this  Act,  relating  to  the  election  of  officers,  shall  apply 
to  those  regiments,  battalions,  and  squadrons  which  are  composed 
of  twelve  months  and  war  companies  comf.ined  in  the  same  organ- 
ization, without  regard  to  the  manner  in  which  the  ofllicers  thereof 
were  originally  appointed. 

Sec.  12.  Be  it  further  enacted.  That  each  company  of  infantry 
shall  consist  of  one  hundred  and  twenty-five,  rank  and  file;  each 
company  of  field  artillery  of  one  hundred  and  ^\hy,  rank  and  file  ; 
each  of  cavalry,  of  eighty,  rank  and  file. 

Sec.  13.  Be  it  further  enacted,  That  all  persons  subject  to  en- 
rollment, who  are  not  now  in  the  service,  under  the  provisions  of 
this  Act,  shall  be  permitted,  previous  to  such  enrollment,  to  voluu-; 
teer  in  companies  now  in  the  service. 

Approved  April  16,  18G2. 


An  Act  to  organize  a  Signal  Corps. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  ten  officers  in  the 
Provisional  Army,  of  a  grade  not  exceeding  that  of  Captain,  and 
with  the  pay  of  corresponding  grades  of  Infantry,  who  shall  per- 
form the  duties  of  Signal  Officers  of  the  Army.  And  the  Presi- 
dent is  hereby  authorized  to  appoint  ten  Sergeants  of  Infantry,  in 
the  Provisional  Army,  and  to  assign  them  to  duty  as  Signal  Ser- 
geants. The  Signal  Corps  above  authorized  may  be  organized  as 
a  separate  corps,  or  may  be  attached  to  the  Department  of  the  Ad- 
jutant and  Inspector-General,  or  to  the  Engineer  Corps,  as  the  Sec- 
retary of  War  shall  direct. 

Approved  April  19,  1862. 


62  MILITARY  LAWS  OF  THE 

An  Act  to  increase  the  military  establishment  of  the  Confederate 
States,  and  to  amend  the  "  Act  for  the  establishment  and  organ- 
ization of  the  Army  of  the  Confederate  States  of  America." 

The  Congress  of  the  Confederate  States  of  America  do  efiacty 
That  the  number  of  Ordnance  Sergeants  authorized  by  section  six 
of  "An  Act  to  increase  the  Military  Establishment  of  the  Confed- 
erate States,"  &c.,  approved  May  16th,  1861,  be  so  increased  as  to 
provide  one  for  each  regiment  of  the  troops  now  or  hereafter  re- 
ceived in  the  service. 

Approved  April  19,  1862. 


An  Act  to  authorize  the  employment  of  Drill  Masters. 

The  Congress  of  the  Confederate  States  of  Ayncrica  do  e/iact, 
That  the  President  be,  and  he  is  hereby,  authorized  and  empowered 
to  appoint  Drill  Masters  for  Camps  of  Instruction  or  reserve  forces 
in  any  arm  of  the  military  service,  with  such  pay  as  the  Secretary 
of  War  may  prescribe. 

Approved  April  Id,  1862. 


Ah  Act  to  provide  for  the  payment  of  officers  of  the  Virginia  Mi 
litia  for  services  rendered. 

The  Congress  of  the  Confederate  States  of  America,  do  inact, 
That  all  officers  and  non-commissioned  officers  of  the  Virginia  Mi- 
litia who  have  been  called  into  the  service  of  the  Confederate  States, 
by  the  order  of  any  commanding  officer  of  the  Confederate  States 
Army,  authorized  to  make  such  call,  or  by  the  proclamation  of  the 
Governor  of  Virginia,  in  obedience  to  requisitions  duly  made  up- 
on him  by  the  President,  shall  be  allowed,  under  the  direction  of 
the  Quartermaster-General,  compensation  for  the  period  of  their 
actual  service,  according  to  the  rate  of  pay  and  allowances,  to  which 
officers  and  non-commissioned  officers  of  corresponding  grades,  in 
the  Confederate  States  Army,  are  by  law  entitled. 

Sec.  2.  Before  any  officer  of  militia  shall  be  entitled  to  receive 
pay  under  the  provisions  of  the  precediug  section,  he  shall  present 
to  the  proper  officer  to  whom  he  may  apply  for  payment,  a  certifi- 
cate signed  by  the  commandant  of  the  brigade,  regiment  or  battal- 
ion of  militia  to  which  he  may  have  been  attached,  and  approved 
by  the  Commanding  General  of  the  army,  corps  or  department, 
with  which  such  brigade,  regiment  or  battalion  was  serving,  which 
certificate  shall  state  the  precise  period  during  which  such  officer 
was  actually  in  service  and  performed  duty  according  to  his  rank, 
not  including  in  such  period  whatever  time  such  officer  was  absent 


CONFEDERATE  STATES,  63 

from  duty  with  his  command,  unless  absent  on  furlough,  or  detached 
or  detailed  sei-vice,  by  order  of  the  Commanding  officer.  Non- 
commissioned officers  shall  be  required  to  present  like  certificates, 
signed  by  the  commanding  officer  of  the  regiment  or  battalion  to 
which  they  belong,  before  being  entitled  to  receive  their  pay. 

Sec.  3.  All  staff  officers  of  the  Virginia  militia  duly  appointed 
and  qualified,  according  to  the  laws  of  Virginia,  shall  be  entitled  to 
receive  the  same  pay  and  allowances  as  are  provided  by  law  for 
officers  of  corresponding  grades,  in  the  Confederate  States  Army, 
upon  a  like  certificate  that  they  have  actually  been  in  service  and 
performed  the  duties  prescribed  for  their  respective  grades  by  the 
laws  of  Virginia,  and"  the  laws  and  army  regulations  of  tne  Confed- 
erate States. 

Sec.  4.  No  payments  under  this  act  shall  be  allowed  for  any 
period  subsequent  to  the  thirtieth  day  of  March,  eighteen  hundred 
and  sixty-two,  nor  shall  any  junior  Major  of  a  regiment  to  which 
two  Majors  may  be  attached,  nor  any  Paymaster  or  Surgeon's  mate 
be  deemed  to  be  entitled  to  pay  or  allowances  under  the  provis- 
ions of  this  act. 

Approved  April  19,. 1862. 

An  Act  to  increase  the  clerical  force  of  the  Quartermaster-Gener- 
al's Bureau. 

The  Congress  of  the  Confederate  States  of  America  do  enact ^ 
That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  to  ap- 
point eight  additional  clerks  in  the  Bureau  of  the  Quartermaster- 
General,  at  the  following  rates  of  compensation,  to-wit :  two  at  the 
rate  of  fifleen  hundred  dollars  per  annum  ;  two  at  the  rate  of 
twelve  hundred  dollars  per  annum ;  and  four  at  the  rate  of  one 
thousand  dollars  per  annum  :  Provided,  Xh&t  no  person  now  by  law 
subject  to  military  duty  shall  be  appointed. 

Approved  April  19,  1862. 


An  Act  to  amend  an  act  entitled  "An  Act  to  increase  the  corps 
of  Artillery,  an^  for  other  purposes,"  approved  August"  21, 
1861. 

The  Congress  of  the  Confederate  States  of  America  do  enacty 
That  section  third  of  an  act  entitled  "An  Act  to  increase  the 
corps  of  Artillery  and  for  other  purposes,  approved  August  21st, 
1861,  be  so  amended  as  to  authorize  the  President  to  increase  the 
salaries  of  master  armorers  or  any  of  them  to  a  sum  not  exceeding 
two  thousand  dollars  per  annum. 

Approved  April  19,  1862. 


64  MILITARY  LAWS  OP  THE 

An  Act  to  amend  the  severiil  Ans  m  iliuIkui  lo  the  priv  of  Chap- 
lains in  the  Army. 

The  Congress  of  the  Co?i ft  derate  States  of  America  do  enact. 
That  hereafter  tne  pay  of  Chaplains  in  the  army  shall  be  eighty 
dollars  per  month,  with  rations  as  now  provided  by  law. 

Approved  April  19,  m&2. 


An  Act-  to  recognize  the  organization  of  certain  military  compa- 
nies. 

The  Congress  of  the  Confalerafe  States  K)f  America  do  enacty 
That  in  all  cases  heretofore  occuri'ing  where  companies  not  having 
the  minimum  number  of  men  necessiiry  to  form  a  company  as  re- 
quired by  existing  laws,  have  l>een  organized  into  companies  which 
have  entered  into  the  service  by  order  of  a  Commanding  General 
or  be(*n  reeeived  by  sueh  olhcer  into  the  service,  in  all  such  cases 
the  Secretary  of  VVar  is  hereby  authorized  and  required  to  recog- 
nize said  companies  as  if  duly  organized  under  existing  laws,  and 
the  ofKcers  of  said  companies  are  hereby  declared  as  entitled  to  the 
same  rank  to  which  they  would  have  been  entitled  if  the  companies 
had  been  duly  organized  ;  and  the  oHicers  and  men  thereof  shall 
be  entitled  to  draw  their  pay  and  rations  as  if  they  had  been  duly 
authorized  under  existing  laws. 

Approved  April  19,  1862. 


Ajj  Act  to  punish  Drunkenness  in  the  Army. 

7'he  Congress  of  the  Confederate  States  of  America  do  'enacf. 
That  any  commissioned  ofiicer  of  the  Regular  or  Provisional  Ar- 
my who  shall  be  found  drunk,  either  while  on  or  off  duty,  shall, 
on  conviction  thereof  before  a  court  of  inquiry,  be  cashiered  or 
suspended  fnjm  the  service  of  the  Confederate  States,  or  be  pul)- 
liily  reprimanded,  according  to  the  aggravation  of  the  offence,  and 
in  addition  to  a  sentence  cashiering  any  such  olficer,  he  may  also 
he  declared  incapable  of  holding  any  military  office  under  the  Con- 
fedctate  States  during  the  war. 

Sec.  2.  That  it  shall  be  the  duty  of  juloflicers  to  report  to  the 
commanding  officer  of  the  post,  regiment,  or  corps  to  which  they 
belong,  all  cases  coming  under  their  observation  of  intoxication  of 
commissioned  officers,  whether  of  superior  or  inferior  grades  to 
themselves;  and  it  shall  be  the  duty  of  the  commanding  officer  of 
the  division  or  brigade  to  wliich  said  post,  regiment,  or  corps  be- 
longs, to  whom  such  report  njay  be  made,  to  report  the  same  to 
the  officer  commanding  the  brigade  or  division,  who  shall  organiztl 
said  court  and  order  th(^  trial  of  said  offender  at  the  earliest  time 
consistent  with  the  public  service. 


CONFEDERATE   STATES.  69 

Joint  Resolution  to  aid  our  prisoners  in  the  hands  of  the  enemy. 

Resolved  by  the  Congress  of  the  Confederate  States  of  America, 
That  the  Secretary  of  War  be  authorized  to  apply  out  of  the 
contingent  fund  of  the  War  Department,  such  sums  of  money, 
from  time  to  time,  as,  in  his  judgment,  may  be  necessary  for  the 
aid  of  prisoners  of  war  in  the  hands  of  the  enemy :  Provided,  That 
all  sums  paid  any  prisoner,  or  expended  for  him,  shall  be  charged 
to  his  account. 

Approved  March  25,  1862. 


An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  fur  the 

Public  Defence." 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  sixth  section  of  the  act  to  provide  for  the  public  defence, 
approved  on  6th  March,  1861,  be  amended  by  adding  after  the 
words  "  brigades  into  divisions,"  the  words  "and  divisions  into 
army  corps,"  and  such  army  corps  shall  be  commanded  by  a 
liieutenant-General,  to  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  who  shall  receive  the  pay  of 
a  Brigadier-General. 

Approved  September  18,  1862. 


An  Act  to  authorize  the  appointment  of  additional  Officers  of  Ar- 
tillery for  Ordnance  Duties. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  President,  by  and  with  the  advice  aud  consent  of  the  Sen- 
ate, may  appoint  seventy  officers  of  artillery  in  the  Provisional 
Army,  for  the  performance  of  ordnance  duties,  in  addition  to  those 
authorized  by  the  Act  entitled  "An  Act  to  authorize  the  appoint- 
ment of  officers  of  artillery  in  the  Provisional  Army,"  approved 
April  21st,  1862,  and  that  from  the  whole  number  of  artillery  offi- 
cers appointed  to  discharge  ordnance  duties,  there  shall  be  one  with 
the  rank  of  Lieutenant-Colonel  for  each  command  composed  of 
more  than  one  army  corps,  with  the  rank  of  Major  for  each  army 
corps  composed  of  more  than  one  division,  and  the  residue  with 
the  rank  of  Captain,  and  of  First  and  Second  Lieutenant,  in  such 
proportion  as  the  President  may  prescribe. 

Approved  September  16,  1862. 


An  Act  in  relation  to  the  Transfer  of  Troops. 

The    Congress  of  the    Confederate   A^tates  of  Ame^'ca  do  enacty 
Tliat  it  shall  be  the  duty  of  the  Secretary  of  War  to   transfer  any 


70  MILITARY  LAWS  OF  THE 

private  or  non-commissioned  officer,  who  may  be  in  a  regiment 
from  a  State  of  this  Confederacy  other  than  his  own  to  a  regiment 
from  his  own  State,  whenever  such  private  or  non-commissioned 
officer  may  apply  for  such  transfer,  and  whenever  such  transfer  can 
be  made  without  injury  to  the  public  service  ;  and  the  Secretary 
of  War  shall  make  regulations  to  facilitate  such  transfer  :  Provided^ 
That  this  act  shall  not  apply  to  any  one  who  has  enlisted  as  a  sub- 
stitute. 

Approved  September  23,  1862. 


An  Act  to  regulate  the  rank  of  Officers  of  the  Provisional  Corps 

of  Engineers. 

The  Congress  of  the  Confederate  States  of  America  do  erutctj 
That  the  officers  of  the  Engineer  Corps  of  the  Provisional  Army 
may  have  rank  conferred  on  them  during  the  War,  equal  to  that 
authorized  by  law  for  the  Engineer  Corps  of  the  Confederate  States 
Army  :  Provided,  That  the  number  of  officers  in  each  grade  be 
limited  to  one  Colonel,  three  Lieutenant  Colonels,  six  Majors,  fifty 
Captains,  thirty  First  Lieutenants  and  twenty  Second  Lieutenants. 

Approved  September  23,  1862. 


An  Act  to  increase  the  Signal  Corps. 

The  Congress  of  the  Confederate  States  of  America  do  enacty 
That  the  President,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, may  appoint  one  Major,  ten  First  and  ten  Second  Lieutenants 
in  the  signal  corps,  and  that  the  Secretary  of  War  may  appoint 
twenty  additional  sergeants  in  the  said  corps.  ^ 

Approved  September  27,  1862. 


An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  further  for 
the  Public  Defence,"  approved  April  sixteenth,  eighteen  hun- 
dred and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enacts 
That  the  President  be,  and  he  is  hereby,  authorized  to  call  out  and 
place  in  the  military  service  of  the  Confederate  States  for  three 
years,  unless  the  war  should  have  been  sooner  ended,  all  white  men 
who  are  residents  of  the  Confederate  States,  between  the  ages  of 
thirty  five  and  forty  five  years  at  the  time  the  call  or  calls  may  be 
made,  and  who  are  not,  at  such  time  or  times,  legally  exempted  from 
military  service,  or  such  part  thereof  as,  in  his  judgment,  may  be 
necessary  to  the  public  defence,  such  call  or  calls  to  be  made  un- 
der the  provisions  and  according  to  the  terms  of  the  act  to  which 


CONFEDERATE   STATES.  67 

An  Act  to  organize  Battalions  of  Sharp  Shooters. 

7%e  Congress  of  the  Confederate  States  of  America  do  enact^ 
That  the  Secretary  of  War  may  cause  to  be  organized  a  battalion 
of  sharp-shooters  for  each  brigade,  consisting  of  not  less  than  three 
nor  more  than  six  companies,  to  be  composed  of  men  to  be  selected 
from  the  brigade  or  otherwise,  and  armed  with  long  range  mus- 
kets, or  rifles,  said  companies  to  be  organized,  and  the  commis- 
sioned officers  therefor  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate.  Such  battalion  shall  consti- 
tute parts  of  the  Brigades  to  which  they  belong,  and  shall  have 
such  field  and  staff  officers  as  are  authorized  by  law  for  similar 
battalions,  to  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate. 

Sec.  2.  Be  it  further  enacted,  That  for  the  purpose  of  arming  the 
said  battalion,  the  long  range  muskets  and  rifles  in  the  hands  of  the 
troops,  may  be  taken  for  that  purpose :  Provided,  the  Government 
has  not  at  its  command  a  sufficient  number  of  approved  long  range 
rifles  or  muskets,  wherewith  to  arm  said  corps. 

Approved  April  21,  1862. 

An  Act  supplementary  to  "An  act  further  to  provide  for  the  Public 

Defence." 

The  Congress  of  the  Confederate  States  of  America  do  enacts 
That  the  President  be,  and  he  is  hereby,  authorized  to  accept  the 
services  of  any  companies,  squadrons,  battalions,  or  regiments 
which  have  been  organized  and  are  now  in  service  under  the 
authority  of  any  of  the  States  of  the  Confederacy,  and  which  may 
be  tendered  by  the  Governors  of  said  States,  with  an  organization 
conforming  to  the  act  of  March  sixth,  A.  D.,  eighteen  hundred  and 
sixty-one,  "to  provide  for  the  public  defence." 

Approved  April  21,  1862. 


An  Act  to  exempt  certain  persons  from  enrollment  for  service  in 
the  Armies  of  the  Confederate  States. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  all  persons  who  shall  be  held  to  be  unfit  for  military  services 
under  rules  to  be  prescribed  by  the  Secretary  of  War ;  all  in  the 
service  or  employ  of  the  Confederate  States ;  all  judicial  and  ex- 
ecutive officers  of  Confederate  or  State  Governments ;  the  mem- 
bers of  both  Houses  of  Congress  and  of  the  Legislatures  of  the 
several  States  and  their  respective  officers  ;  all  clerks  of  the  offi- 
cers of  the  State  and  Confederate  Governments  allowed  by  law ; 


€(8  MILITARY  LAWS  OF  THE 

all  engaged  in  carrying  the  mails;  all  ferrymen  on  post  routes ;  all 
pilots  and  persons  engaged  in  the  marine  service  and  in  actual  ser- 
vice on  river  and  railroad  routes  of  transportation ;  telegraphic 
operators,  and  ministers  of  religion  in  the  regular  discharge  of 
ministerial  duties;  all  engaged  in  working  iron  mines,  furnaces, 
and  foundries ;  all  journeymen  printers  actually  employed  in 
printing  newspapers;  aU* presidents  and  professors  of  colleges  and 
academies,  and  all  teachers  having  as  many  as  twenty  scholars; 
superintendents  of  the  public  hospitals,  lunatic  asylums  and  the 
regular  nurses  and  attendants  therein,  and  the  teachers  employed 
in  the  institutions  for  the  deaf  and  dumb,  and  blind  :  in  each  apoth- 
ecary store  now  established  and  doing  business,  one  apotheciiry  in 
good  standing  wh«>  is  a  practical  druggist;  superintendents  and 
operatives  in  wool  and  cotton  factories,  who  may  be  exempted  by 
the  Secretary  of  War ; — shall  be,  and  are  hereby,  exempted  from 
military  service  in  the  armies  of  the  Confederate  States. 
Approved  April  21,  18G2. 


An  Act  to  amend  an  act  entitled  "  An  Act  lo  further  provide  for 
the  Public  Defence,"  passed  the  sixteenth  day  of  April,  eighteen 
hundred  and  sixty-two. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  all  vacancies  shall  be  filled  by  the  President  from  the  com- 
pany, battalion,  squadron,  or  regiment  in  which  such  vacancies  shall 
occur,  by  promotion,  according  to  seniority,  except  in  case  of  dis- 
ability or  other  incompetency,  and  that  whenever  a  vacancy  shall 
occur  in  the  lowest  grade  of  commissioned  officers  of  a  company, 
such  vacancies  shall  be  filled  by  election  :  Provided,  however,  That 
the  President  may,  when  in  his  opinion  it  is  proper,  fill  any  vacancy 
by  the  promotion  of  any  officer  from  any  company,  battalion, 
squadron,  or  regiment  in  which  the  same  may  occur,  who  shall 
have  been  distinguished  in  service  by  the  exhibition  of  extraordi- 
nary valor  and  skill ;  and  that  when  any  vacancy  shall  occur  in  the 
lowest  grade  of  commissioned  officers  of  any  company,  the  same 
may  be  filled  by  selection  by  the  President  of  any  non-commis> 
missioned  officer  or  private  from  the  company  in  which  said  va- 
cancy may  occur,  who  shall  have  been  distinguished  in  the  service 
by  the  exhibition  of  extraordinary  valor  and  skill ;  and  that  appoint- 
ments made  by  the  President  shall  be  by  and  with  the  advice  and 
consent  of  the  Senate. 

Approved  April  21,  1802. 


CONFEDERATE   STATES.  65 

Sec.  3.  The  findings  of  any  such  court  shall  be  promptly  trans- 
mitted to  the  Secretary  of  War,  by  the  commanding  officer,  to- 
gether with  his  approval  or  disapproval  thereof,  and  shall  be  re 
ported  to  Congress  at  the  next  session  thereafter,  by  the  said  Sec- 
retary. 

Approved  April  21,  1862. 


An  Act  to  organize  bands  of  Partizan  Rangers. 

The  Congress  of  the  Confederate  States  of  America  do  enact f 
that  the  President  be,  and  he  is  hereby,  authorized  to  commission 
such  officers  as  he  may  deem  proper  with  authority  to  form  bands 
of  Partizan  Rangers,  in  companies,  battalions,  or  regiments,  either 
as  infantry  or  cavalry,  the  companies,  battalions,  or  regiments  to 
be  composed  each  .of  such  numbers  as  the  President  may  approve. 

Sec.  2.  Be  it  further  enacted,  That  such  Partizan  Rangers,  after 
being  regularly  received  into  service,  shall  be  entitled  to  the  same 
pay,  rations,  and  quarters  during  their  term  of  service,  and  be  sub- 
ject to  tlie  same  regulations  as  other  soldiers. 

Sec.  3.  Be  it  further  enacted,  That  for  any  arms  and  munitions 
of  war  captured  from  the  enemy  by  any  body  of  Partizan  Ran- 
gers and  delivered  to  any  Quartermaster  at  such  place  or  places  as 
may  be  designated  by  a  Commanding  General,  the  Rangers  shall 
be  paid  their  full  value  in  such  maimer  as  the  Secretary  of  War 
may  prescribe. 

Approved  April  21,  1862 


A  Bill  [An  Act]  for  the  enlistment  of  Cooks  in  the  Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  hereafter  it  shall  be  the  duty  of  the  Captain  or  Commanding 
Officer  of  his  Company  to  enlist  four  cooks  for  the  use  of  his  com- 
pany, whose  duty  it  shall  be  to  cook  for  such  company — taking 
charge  of  the  supplies,  utensils,  and  other  things  furnished  therefor, 
and  safely  keep  the  same,  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  War  Department  or  the  Colonel  of  the 
Regiment  to  which  such  company  may  be  attached : 

Sec.  2.  Be  it  further  enacted,  That  the  cooks  so  directed  to  be 
enlisted,  may  be  white  or  black,  free  or  slave  persons :  Provided, 
however,  That  no  slave  shall  be  so  enlisted  without  the  written 
consent  of  his  owner.  And  such  cooks  shall  be  enlisted  as  such 
only,  and  put  on  the  muster-roll  and  paid  at  the  time  and  place  the 
company  may  or  shall  be  paid  off,  twenty  dollars  per  month  to 
the  Chief  or  Head  Cook,  and  fifteen  dollars  per  month  for  each  of 
the  Assistant  Cooks,  together  with  the  same  allowance  for  clothing, 
c^ 


,** 


66  MILITARY  LAWS  OF  THE 

or  the  same  commutation  therefor  that  may  be  allowed  to  the  rank 
and  file  of  the  company. 
Approved  April  21,  1862. 


An  Act  to  increase  the  corps  of  Engineers  of  the  Provisional 

Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  President  be,  and  he  is  hereby,  authorized  to  appoint  with 
the  advice  and  consent  of  the  Senate,  an  additional  number  of  offi- 
cers in  the  Engineer  corps  of  the  Provisional  Army,  of  a  rank  not 
higher  than  Captain ;  Provided^  That  the  whole  corps  shall  not  ex- 
ceed one  hundred. 

Approved  April  21,  1862. 


An  Act  to  authorize  the  appointment  of  Officers  of  Artillery  in 

the  Provisional  Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  for  the  purpose  of  enlarging  the  number  of  officers  of  Artil- 
lery, and  enabling  them  to  discharge  more  effectually  the  duties  of 
Ordnance  officers,  the  President  is  hereby  authorized  to  appoint, 
with  the  advice  and  consent  of  the  Senate,  officers  of  Artillery, 
of  the  rank  of  Captain  and  First  Lieutenant,  in  the  Provisional 
Army,  not  exceeding  eighty  in  number. 

Approved  April  21,  1862. 


An  Act  to  amend  an  act  entitled  "  An  Act  to  amend  an  act  recog- 
nizing the  existence  of  War  between  the  United  States  and  the 
Confederate  States,  and  concerning  Letters  of  Marque,  Prizes, 
and  Prize  Goods,"  approved  May  21st,  1861. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  first  section  of  the  above  entitled  Act  be  so  amended,  that, 
in  case  any  person  or  persons  shall  invent  or  construct  any  new 
machine  or  engine,  or  contrive  any  new  method  for  destroying  the 
armed  vessels  of  the  enemy,  he  or  they  shall  receive  fifty  per  cen- 
tum of  the  value  of  each  and  every  such  vessel  that  may  be  sunk 
or  destroyed,  by  means  of  such  invention  or  contrivance,  including 
the  value  of  the  armament  thereof,  in  lieu  of  twenty  per  Centum, 
as  provided  by  said  Act. 

Approved  April  21st.  1862. 


CONFEDERATE   STATES.  71 

this  is  an  amendment,  and  such  authority  shall  exist  in  the  Presi- 
dent, during  the  present  war,  as  to  all  persons  who  now  are  or  may 
hereafter  become  eighteen  years  of  age,  and  when  once  enrolled, 
all  persons  between  the  ages  of  eighteen  and  forty -five  shall  serve 
their  full  term  :  Provided^  That  if  the  President,  in  calling  out 
troops  into  the  service  of  the  Confederate  States,  shall  first  call  for 
only  a  part  of  the  persons  between  the  ages  heretofore  stated,  he 
shall  call  for  those  between  the  ages  of  thirty-five  and  any  other 
age  less  than  forty-five  :  Provided,  That  nothing  herein  contained 
shall  be  understood  as  repealing  or  modifying  any  part  of  the  Act 
to  which  this  is  amendatory,  except  as  herein  expressly  stated  : 
And  providedfurtker,That  those  called  outunderthis  Act  and  the  Act 
to  which  this  is  an  amendment,  shall  be  first  and  immediately  ordered 
to  fill  to  their  nicaximum  number  the  companies,  battalions,  squadrons 
and  regiments  from  the  respective  States  at  the  time  the  Act  to 
further  provide  for  the  public  defence,  approved  April  sixteenth, 
eighteen  hundred  and  sixty  two,  was  passed,  and  the  surplus,  if 
any,  shall  be  assigned  to  organizations  formed  from  each  State 
since  the  passage  of  that  act,  or  placed  in  new  organizations  to  be 
officered  by  the  State  having  such  residue,  according  to  the  laws 
thereof,  or  disposed  of  as  now  provided  by  law :  Provided,  That 
the  President  is  authorized  to  suspend  the  execution  of  this  act,  or 
the  act  to  which  this  is  an  amendment,  in  any  locality  where  he 
may  find  it  impracticable  to  execute  the  same,  and  that  in  such  lo- 
cality, and  during  said  suspension,  the  President  is  authorized  to 
receive  troops  into  the  Confederate  service,  under  any  of  the  acts 
passed  by  the  Confederate  Congress  prior  to  the  passage  of  the  act 
to  provide  further  for  the  public  defence,  approved  sixteenth  of 
April,  eighteen  hundred  and  sixty-two. 
Approved  September  27,  1862. 


An  Act  to  better  provide  for  the  Sick  and  Wounded  of  the  Army 

in  Hospitals. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  commutation  value  of  rations  of  sick  and  disabled  soldiers 
in  the  Hospitals  of  the  Confederate  States,  is  hereby  fixed  at  one 
dollar,  instead  of  the  commutation  now  allowed  by  law,  which  shall 
constitute  the  hospital  fund,  and  be  held  by  the  commissary,  and 
be  paid  over  by  him  frorA  time  to  time  to  the  Surgeon  or  Assistant 
Surgeon  in  charge  of  the  hospital  of  which  the  soldier,  whose  ra- 
tion was  commuted,  is  an  inmate,  upon  the  said  Surgeon  or  Assis- 
tant Surgeon's  requisition,  made  in  writing,  when  necessary  to 
purchase  supplies  for  said  hospital :  Provided,  hoioever.  When  said 
fund  for  any  one  Hospital  shall  increase  over  and  above  the  month- 


72  MILITARY  LAWS  OF  THE 

ly  expenditures  of  the  same  to  an' amount  exceeding  the  sum  of  five 
thousand  dollars,  the  said  commissary  shall  be  required  to  deposit 
tJK'  said  excess  over  and  above  the  said  five  thousand  dollars  in 
the  Treasury  of  the  Confederate  States,  or  such  other  places  of  de 
posit  where  Government  moneys  are  ordered  to  be  kept;  wliich 
said  deposits,  when  so  made,  shall  be  passed  to  the  credit  of  the 
said  Confederate  States,  and  be  liable  to  draft  as  other  public 
moneys  are ;  and  all  such  funds  shall  be  accounted  ft)r  b\  the  s^id 
Commissary  in  his  monthly  report,  and  the  abstract,  as  now  re- 
quired by  law  ;  And  proviiled  further ^  That  all  such  Surgeons  and 
Assistant  Surgeons  who  shall  receive  from  the  said  Commissary 
any  part  of  said  hospital  fund,  to  be  expended  for  the  use  of  hospi- 
tals, shall  be  held  liable  for  a  faithful  application  of  it,  and  in  a 
weekly  account  and  abstract,  to  be  made  out  and  forwarded  to  the 
office  of  the  Surgeon-General,  to  be  verified  in  every  instance  by 
vouchers,  shall  show  what  disposition  has  })een  inade  of  it,  which 
acc<^unt,  abstract,  and  accompanying  vouchers,  shall  be  placed  on 
file. 

Sec.  2.  That  the  Secretary  of  War  is  hereby  authorized  and  di- 
rected to  make  contracts  with  the  several  railroad  companies  and 
lines  of  boats,  for  the  speediest  practicable  transportation  of  all 
supplies  purchased  for  the  use  of  hospitals  by  agents  accredited  by 
the  Surgeon  or  Assistant  Surgeons  in  charge  for  that  purpose,  or 
donations  by  individuals,  societies  or  States,  and  it  shall  be  lawful 
for  the  Quartermaster  General  to  furnish  general  transportation 
tickets  to  such  agents  upon  all  railroad  trains  and  canal  boats, 
when  engaged  in  the  actual  service  of  said  hospitals,  upon  the  re- 
quest of  said  Surgeon  or  Assistant  Surgeon. 

Sec.  3.  That  there  shall  be  allowed  to  each  hospital  of  the  Con- 
federate States,  suits  of  clothing  consisting  of  shirts,  pantaloons, 
and  drawers,  equal  to  the  number  of  beds  in  the  same,  for  the  use 
of  the  sick  while  in  the  hospitals,  when  so  ordered  by  the  Surgeon 
or  Assistant  Surgeon  in  charge,  which  said  clothing  shall  be  drawn 
upon  the  written  requisition  of  said  Surgeon  or  Assistant  Surgeon, 
and  shall  be  receipted  for  and  kept  as  hospital  clothing,  and  be  ac- 
counted for  as  other  public  property. 

Sec.  4.  That  there  be  allowed  to  each  hospital,  with  rations  and 
suitable  places  of  lodging,  the  following  matrons  and  female  nurses 
and  attendants,  viz  :  Two  matrons,  to  be  known  and  designated  as 
hospital  matrons-in-chief,  at  a  salary  not  to  exceed  forty  dollars 
per  month  each,  whose  general  duties  shall  be  to  exercise  a  super- 
intendence over  the  entire  domestic  economy  of  the  hospitals,  to 
take  charge  of  such  delicacies  as  may  be  provided  for  the  sick;  to 
apportion  them  out  as  required  ;  to  sec  that  the  food  or  diet  is 
properly  prepared,  and  all  such  other  duties  as  may  be  necessary. 


CONFEDERATE   STATES.  73 

Two  matrons  to  be  known  and  designated  as  assistant  matrons, 
whose  general  duties  shall  be  to  superintend  the  Uundry  ;  to  take 
charge  of  the  clothing  of  the  sick,  the  bedding  of  the  hospital ;  to 
see  that  they  are  kept  clean  and  neat,  and  perform  such  other  du- 
ties as  may  be  necessary,  at  a  salary  not  to  exceed  thirty-five  dol- 
lars per  month  each.  Two  matrons  for  feach  ward  at  a  salary  not 
to  exceed  thirty  dollars  per  month  each,  to  be  known  and  designa- 
ted as  ward  matrons,  whose  general  duties  shall  be  to  prepare  the 
beds  and  bedding  of  their  respective  wards,  to  see  that  they  are 
kept  clean  and  in  order,  that  the  food  or  diet  for  the  sick  is  care- 
fully prepared  and  furnished  to  them,  the  medicine  administered, 
and  that  all  patients  requiring  careful  nursing  are  attended  to,  and 
all  such  other  duties  as  may^^be  necessary.  And  all  Surgeons  and 
Assistant  Surgeons  in  charge  of  a  hospital,  are  hereby  authorized 
to  employ  such  other  nurses,  either  male  or  female,  as  may  be  nec- 
essary to  the  proper  care  and  attention  of  the  sick,  at  a  salary  each 
not  to  exceed  twenty-five  dollars  per  month  ;  and  also  the  neces- 
sary cooks,  at  a  salary  not  to  exceed  twenty-five  dollars  per  month 
each,  and  one  ward  master  for  each  ward,  at  a  salary  not  to  ex- 
ceed twenty  five  dollars  per  month  each,  giving  preference  in  all 
cases  to  females,  where  their  services  may  best  subserve  the  pur- 
pose, and  in  the  event  a  sufficient  number  of  such  nurses  and  ward 
masters  cannot  be  employed  not  liable  to  military  service,  and  it? 
shall  become  necessary  to  assign  to  this  duty  soldiers  in  the  ser- 
vice, then,  upon  the  requisition  oC  such  Surgeon  or  Assistant  Sur- 
geon in  charge  of  such  hospital,  the  soldier  .or  soldiers  so  assigned^ 
who  are  skillful  and  competent,  shall  be  permanently  detailed  to 
this  duty,  and  shall  only  be  removable  for  neglect  or  inattention 
by  the  Surgeon  or  Assistant  Surgeon  in  ch<:rge  :  ProvUhd.,  in  all 
cases,  that  all  other  attendants  and  servants,  not  herein  provided 
for,  necessary  to  the  service  of  said  hospital,  shall  be  allowed,  as 
now  provided  by  law. 

Sec.  5.  That  the  hospitals  of  the  Confederate  States  shall  here- 
after be  known  and  numbered  as  hospitals  of  a  particular  State  ; 
and  in  all  cases  where  the  same  can  be  done  without  injury  to  the 
patients  or  great  inconvenience  to  the  Government,  all  sick  or 
wounded  soldiers,  being  citizens  or  residents  of  such  particular 
State,  shall  be  sent  to  such  hospitals  as  may  represent  the  same, 
and  to  such  private  or  State  hospitals  representing  the  same,  which 
may  be  willing  to  receive  them. 

Sec.  0.  That  all  persons  authorized  to  be  employed  by  Section 
fourth  of  this  act,  who  are  not  engaged  in  the  military  service,  and 
whose  pay  is  not  now  provided  for  by  law,  shall  be  paid  monthly 
by  any  Quartermaster  or  other  person  authorized  to  pay  troops  in 
the  military  service,  upon  a  muster  or  pay  roll  to  be  made  out 
4 


74  MILITARY  LAWS  OF  THE 

and  certified  to  by  the  Surgeon  or  Assistant  Surgeon  having  in 
chai'ge  the  hospital  or  hospitals  in  M'hieh  said  persons  have  been 
employed.  ' 

Sec.  7.  That  the  Secretary  of  War  is  hereby  authorized,  in  such 
way  and  manner  as  he  may  deem  best,  and  under  such  rules  and 
regulations  as  he  may  prescribe,  to  enter  into  and  perfect  some 
suitable  arrangement  with  the  railroad  companies,  their  officers  or 
authorized  agents,  whereby  seats  in  one  or  more  cars  of  each  rail- 
road train,  as  the  necessities  of  the  case  may  be,  shall  be  reserved 
for  the  use  of  the  sick  and  wounded  soldiers  who  may  desire  trans- 
portation on  any  such  railroad,  and  that  no  person  not  sick  cr 
wounded,  and  not  an  attendant  upon  the  sick  or  wounded,  shall  be 
permitted  to  enter  any  such  car  or  cars  so  reserved  until  the  said 
sick  and  wounded  and  their*  attendants  shall  first  have  obtained 
seats ;  and  also,  shall  perfect  some  arrangement  with  the  said  rail- 
road companies,  their  officers  or  agents,  whereby  all  conductors 
having  in  charge  any  such  trains,  shall  be  required  to  provide  for 
the  use  of  the  sick  and  wounded  in  the  cars  so  reserved,  a  suffi- 
cient quantity  of  pure  water. 

Sec.  8.  •  That  all  Surgeons  and  Assistant  Surgeons  in  charge  of 
a  hospital,  having  in  his  or  their  charge  any  sick  or  wounded  sol- 
dier desiring  transportation  as  aforesaid,  shall,  in  all  cases,  detail 
some  competent  person  acting  under  his  or  their  authority,  whose 
dutv  h-  fhall  be  to  accompany  all  such  sick  and  wounded  to  the 
depo'v  r.  any  such  railroad,  to  see  that  all  such  are  properly  cared 
fo;. ,  r-:yl  that  they  obtain  seats  in  the  said  car  or  cars  so  reserved. 

Approved  September  27,  1862. 


An  Act  to  amend  an  Act  entitled    "  An  Act  providing  for  the  ap- 
•  pointment  of  Adjutants  of  Regiments  and  Legions  .of  the  grade 
of  Subaltern,  in  addition  to  the  Subalterns  attached  to  Compa- 
nies," approved  August  thirty -first,  eighteen  hundred  and  sixty- 
one. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  provisions  of  said  Act  shall  be  extended  so  as  to  apply 
to  independent  battalions,  and  that  on  the  recommendation  of  the 
commander  of  any  such  battalion,  an  Adjutant  of  the  grade  of 
Subaltern  may  be  appointed  by  the  President  for  said  battalion, 
who  is  not  attached  as  subaltern  to  said  battalion,  and  that  said  Ad- 
jutant, when  so  appointed,  shall  ha\^e  the  same  rank,  pay  and  al- 
lowance as  are  provided  by  law  for  Adjutants  of  regiments. 

Approved  Oct.  2,  1862. 


CONFEDERATE   STATUS.  -  75 

An  Act  supplemental  to.  "  An  Act  authorizing  the  Secretary  of 
War  to  grant  Transfers,"  approved  September  twenty-third, 
eighteen  hundred  and  sixty-two. 

The  Congress  of  ike  Confederate  States  of  America  do  enact, 
That  whenever  the  Secretary  of  War  shall  grant  transfers  agreea- 
ble to  the  above  act  to  any  soldiers  now  in  the  service,  he  shall 
furnish  transportation  also. 

Approved  October  2, 18()2. 


An  Act  to  empower  certain  persons  to  administer  Oaths  in  certain 

cases. 

The  Conffress  of  the  Confederate  Statcfi  of  America  do  enact, 
That  the  oath  required  to  enable  sick,  wounded,  or  other  soldiers, 
to  receive  their  pay,  may  be  taken  before  any  Quartermaster,  who 
is  hereby  authorized  to  administer  the  same,  or  before  any  justice 
of  the  peace  having  jurisdiction,  or  any  other  officer  having  the 
right  by  the  laws  of  the  State  to  administer  oaths. 

Approved  October  2,  1862. 


An  Act  to  permit  enlistments  in  the  Navy  and  Marine  Corps. 

The  Conffress  of  the  Confederate  States  of  America  do  enact, 
That,  from'and  after  the  passage  of  this  Act,  any  person  subject  to 
enrollment  for  military  service,  under  the  Acts  of  Congress 
providing  for  the  public  defence,  shall  be  permitted  to  enlist 
in  the  Marine  Corps  at  any  time  prior  to  being  mustered  in 
to  the  Army  of  the  Confederate  States  :  Provided,  That  the  num- 
ber of  moil  so  enlisted  does  not  increase  the  Marine  Corps  beyond 
the  strength  authorized  by  law. 

Sec.  2.  That  if  any  person  who  has  been,  or  is  about  to  be, 
enrolled  for  service  in  the  army,  shall,  at  any  time  before  being 
assigned  to  any  company,  declare  to  tnc  enrolling  or  commanding 
officer  that  he  prefers  being  enrolled  for  service  in  the  Navy  or 
Marine  Corps,  it  shall  be  the  duty  of  the  said  officer  to  enroll  such 
person  for  the  service  which  he  may  prefer,  and  to  transmit  to  the 
Secretary  of  the  Navy  a  list  of  the  persons  so  enrolled. 

Sec,  3.  That  from  and  after  the  passage  of  this  Act,  the  pay  of 
sailors  and  marines  shall  be  increased  four  dollars  per  month. 

Approved  October  2,  1862. 


An  Act  supplementary  to  "  An  Act  concerning  the  pay  and  allow- 
ances due  deceased  Soldiers,"  approved  February  fifteenth,  eigh- 


76  MILITABT  LAWS  01  THB 

teen  hundred  and  sixty-two,  and  to  provide  for  the  prompt  set- 
tlement of  Claims  for  arrearages  of  pay,  allowances  and  bounty, 
due  deceased  Officers  and  Soldiers. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  claims  due  to  deceased  non-commissioned  officers  and  privates 
for  pay,  allowances  an 3  bounty,  may  be  audited  and  paid  without 
the  necessity  of  the  parties  entitled  producing  a  pay  roll  from  the 
Captain  or  Commanding  Officer,  when  there  is  other  official  evi- 
dence of  the  amount  due,  satisfactory  to  the  Second  Auditor,  under 
such  regulatio.is  as  he  has  or  may  prescribe,  with  the  approval  of 
the  Secretary  of  War. 

Sec.  2.  The  claims  of  deceased  commissioned  officers  shall  be 
paid  to  their  heirs  or  representatives  in  the  same  manner  as  simi- 
lar claims  of  non-commissioned  officers  and  privates  are  now,  or 
may  be  directed  by  law,  to  be  paid ;  and  to  assist  the  Second  Au- 
ditor in  more  effectually  carrying  out  the  provisions  of  this  Act, 
and  other  pressing  business  of  his  office,  the  Secretary  6f  the  Treas- 
ury is  authorized  to  appoint  an  experienced  accountant,  who,  with 
the  chief  clerk,  shall  have  authority  to  sign  and  attest  such  official 
business  as  said  auditor  shall  approve  and  direct, 

Sec.  3.  The  Secretary  of  the  Treasury  is  hereby  ..authorized  to 
employ,  in  the  office  of  the  Second  Auditor,  as  many  additional 
temporary  clerks  as  he  may  think  necessary,  to  assist  said  Audi- 
tor in  the  settlement  of  the  claims  of  deceased  officers  and  soldiers, 
the  compensation  of  said  clerks  to  be  four  dollars  per  day,  and 
without  any  addition  whatever,  for  every  day  they  shall  be  «o  ac- 
tually engaged,  except  one,  whose  annual  compensation  .  shall  be 
fifteen  hundred  dollars,  the  others  to  be  paid  weekly  at  the  Treas- 
ury, upon  a  certificate  of  service  of  said  Auditor. 

Sec.  4.  This  act  shall  take  effect  from  its  passage,  and  the  third 
section  shall  continue  in  force  for  twelve  months,  and  no  longer. 

Approved  October  3,  1862. 


An  Act  to  provide  for  the  organization  of  Army  Corps. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  sixth  section  of  an  act  to  provide  for  the  public  defence, 
approved  March  sixth,  1862,  be  so  amended  as  to  authorize  the 
President  to-  organize  Divisions  of  the  Provisional  Army  of  the 
Confederate  States  into  army  corps,  and,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  appoint  officers  to  the  command  there- 
of 

Approved  October  6, 1862. 


CONFEDERATE   STATES.  77 

Aw  Act  to  authorize  the  establishment  of  Camps  of  Instruction, 
and  the  appointment  of  officers  to  command  the  same. 

The  Congress  of  the  Confederate  Stales  of  America  do  enact^ 
That  the  President  be,  and  he  is  hereby,  authorized  to  establish 
camps  of  instruction  for  persons  enrolled  for  military  service,  at 
such  places  and  in  such  numbers  in  the  sev^eral  States  as  he  may 
deem  necessary,  and  to  appoint,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  officers  in  the  Provisional  army  with  the  rank 
and  pay  of  Major,  to  superintend  and  command  the  same. 

Approvj:d  October  8,  1862. 


An  Act  to  repeal  the  law  authorizing  Commutation  for  Soldiers* 
Clothing,  and  to  require  clothing  to  be  furnished  by  the  Secretary 
of  War  in  kind. 

The  Congrest  of  the  Confederate  States  of  America  do  enact j 
That  so  much  of  the  existing  law  as  provides  commutation  for 
clothing  for  soldiers  in  the  service  of  the  Confederacy,  be,  and  the 
same  is  hereby  repealed  ;  and,  hereafter,  the  Secretary  of  War 
shall  provide  in  kind  to  the  soldiers  respectively,  the  uniform  clo- 
thing prescribed  by  the  regulations  of  the  army  of  the  Confederate 
States,  and  should  any  balance  of  clothing  be  due  to  any  soldier  at 
the  end  of  the  year,  the  money  value  of  such  balance  shall  be  paid 
to  such  soldier,  according  to  the  value  of  such  clothing  fixed  and 
announced  by  order  from  the  War  Department. 

Approved  October  8^  1862. 


An  Act  to  encourage  the  manufacture  of  Clothing  and  Shoes  for 

the  Army. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  the  President  is  hereby  authorized  to  import  duty 
free,  cards  or  card  cloth,  or  any  machinery  or  materials  necessary 
for  increasing  the  manufiicture  of  clothing  for  the  arn^,  or  any  ar- 
ticles necessary  for  supplying  the  deficiency  of  clothing  or  shoes, 
or  materials  for  shoes,  for  the  army. 

Sec.  2.  Be  it  further  enacted,  That  any  machinery  or  parts  of 
machinery  or  materials  imported  as  aforesaid,  may  be  worked  on 
Government  account,  or  leased  or  sold  at  the  discretion  of  the 
President. 

Sec  3.  And  be  it  further  enacted,  That  the  President  may  ex- 
tend the  privileges  of  this  act  to  companies  or  individuals,  subject 
to  such  regulations  as  he  may  prescribe. 


78  MILITARY  LAWS  OF  THE 

Sec.  4.  That  the  clothing  required  to  be  furnished  to  the  troops 
of  the  Provisional  army  under  any  existing  law,  may  be  of  such 
kind  as  to  color  and  quality  as  it  may  be  practicable  to  obtain,  any 
law  to  the  contrary  notwithstanding. 

Approved  October  8,  1862.  ? 

An  Act  to  amend  an  act  entitled  "  An  Act  to  further  provide  for 
the  Public  Defence,"  approved  16th  of  April,  1862,  and  the  act 
to  amend  the  same,  approved  September  27th,  1862. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  all  persons  subject  to  enrollment  for  military  service  may  be 
enrolled  under  instructions  from  the  War  Department  and  reported 
by  the  enrolling  officer  wherever  found,  whether  within  the  State  or 
county  of  their  residence  or  not;  and  when  so  enrolled,  shall 
be  subject  to  the  provisions  of  law  as  fully  as  if  enrolled  within 
the  county  or  State  of  which  they  may  be  residents :  Provided, 
That  this  act  shall  not  extend  to  any  member  of  a  military  organ- 
ization under  any  State  law,  while  he  remains  In  actual  service 
within  the  limits  of  his  State.  And  provided,  further,  That  the 
President  is  authorized  to  suspend  the  execution  of  this  act  as  re- 
gards the  residents  of  any  locality  where  he  may  find  it  impracti- 
cable to  execute  the  act  entitled  "  An  Act  to  further  provide  for  the 
public  defence,  approved  April  16th,  1862,  and  the  act  to  amend 
the  last  mentioned  act,  approved  September  27th,  1862. 

Approved  October  8,  1862. 


An  Act  to  organize  Military  Courts  to  attend  the  army  of  the  Con- 
federate States  in  the  field,  and  to  define  the  Powers  of  said 
Courts 

The  Congress  of  the  Confederate  States  oj  Arnerica  do  enact, 
That  courts  shall  be  organized,  to  be  known  as  military  courts, 
one  to  attend  each  army  corps  in  the  field,  under  the  direction  of 
the  President.  Each  court  shall  consist  of  three  members,  two  of 
whom  shall  constitute  a  quorum  and  each  member  shall  be  entitled 
to  the  rank  and  pay  of  a  colonel  of  cavalry,  shall  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  his  office  during  the  war,  unless  the  court  shall  be 
sooner  abolished  by  Congress.  For  each  court  there  shall  be  one 
Judge  Advocate,  to  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  with  the  rank  and  pay  of  a  cap- 
tain of  cavalry,  whose  duties  shall  be  as  prescribed  by  the  Rules 
and  Articles  of  war,  except  as  enlarged  or  modified  by  the  purpo-. 


COI^FEDERATE    fTATES.  79 

ses  and  provisions  of  this  act,  and  who  shall  also  hold  his  office 
during  the  war,  unless  the  court  shall  be  sooner  abolished  by  the 
Congress;  and  in  ease  of  the  absence  or  disability  of 'the  Jud«»e 
Advocate,  upon  the  application  of  the  court,  the  commander  of  the 
army  corps  t(^  which  such  court  is  attached  may  appoint  or  detail 
an  officer  to  perform  the  duties  of  Judge  Advocate,  during  such  ab- 
sence or  disability,  or  until  the  vacanc}^  if  any,  shall  be  filled  by 
the  President. 

Sec.  2.  Each  court  shall  have  the  right  to  appoint  a  Provost  Mar- 
shal, to  attend  its  sittings  and  execute  the  orders  of  the  court, 
with  the  rank  and  pay  of  a  captain  of  cavalry;  and  also  a  clerk,- 
who  shall  have  a  salary  of  one  hundred  and  twenty-five  dollars  per 
mi^tnth,  who  shall  keep  the  record  of  the  proceedings  of  the  cuurt, 
and  shall  reduce  to  writing  the  substance  of  the  evidence  in  each 
case  and  file  the  same  in  court.  The  provost  marshal  and  the  clerk 
shall  hold  their  offices  during  the  pleasure  of  the  court.  Each 
member  and  officer  of  the  court  shall  take  an  oath  well  and  truly 
to  'disehnrge  the  duties  of  his  office  to  the  best  of  his  skill  and  abil- 
ity, without  fear,  favor,  or  reward,  and  to  support  the  constitution 
of  the  Confederate  States.  Each  member  of  the  court,  the  Judge 
Advocate  and  the  clerk,  shall  have  the  power  to  administer  oaths. 

Sec.  3.  Each  court  shall  have  the  power  to  adopt  rules  for  con- 
ductinir  business  and  for  the  trial  of  causes,  and  to  enforce  the  rules 
adopted,  and  to  punish  for  contempt,  and  tf^  regulate  the  taking  of 
evidence,  and  to  secure  the  attendance  of  witnesses,  and  to  enforce 
and  execute  its  orders,  sentences,  and  judgments,  as  in  cases  of  courts- 
martial. 

Sec.  4.  The  jurisdiction  of  each  court  shall  extend  to  all  offi'Dccs 
now  cognizable  by  courts-martial  under  the  Rules  and  Articles  of 
war  and  the  Customs  of  war,  and  also  to  all  ofl^rnces  defined  as 
crimes  byjthe  laws  of  the  Confederate  States  or  of  the  several 
States,  and  when  beyond  the  territory  of  the  Confederate  States, 
to  all  cases  of  murder,  manslaughter,  arson,  rape,  robbery,  and  lar- 
ceny, as  defined  by  the  common  law,  when  committed  by  any  pri- 
vate or  officer  in  the  army  of  the  Confederate  States,  against  any 
other  private  or  officer  in  the  army,  or  against  the  property  or  ])er- 
sons  of  any  citizen  or  other  person  within  the  army  :  Provided, 
Said  courts  shall  not  have  jurisdiction  of  offenders  above  the  grade 
of  colonel.  For  offences  cognizable  by  courts-martial  the  court 
shall,  on  conviction,  inflict  the  penalty  prescribed  by  the  Rules  and 
Articles  of  war,  and  in  the  manner  and  mode  therein  mentioned  ; 
and  for  oflfences  not  punishable  by  the  Rules  and  Articles  of  war, 
but  punishable  by  the  laws  of  the  Confederate  States,  said  court 
shall  inflict  the  pdnalties  prescribed  by  the  laws  of  the  Confederate 
States  ;  and  for  offences  against  which  penalties  are  not  prescribed 


80  '  MILITARY  LAWS  OF  THE 

by  the  Rules  and  Articles  of  war,  nor  by  the  laws  of  the  Confed- 
erate States,  but  for  which  penalties  are  prescribed  by  the  laws  of 
a  State,  said  court  shall  inflict  the  punishment  prescribed  by  the 
laws  of  the  State  in  which  the  offence  was  committed  ;  Provided^ 
that  in  cases  in  which,  by  the  laws  of  the  Confederate  States,  or  by 
both,  the  court  may,  in  its  discretion,  inflict  any  other  punish- 
ment less  than  death  ;  and  for  the  offences  defined  as  murder,  man- 
slaughter, arson,  rape,  robbery,  and  larceny,  by  the  common  law, 
when  committed  beyond  the  territorial  limits  of  the  Confederate 
States,  the  punishment  shall  be  in  the  discretion  of  the  court.  That 
when  an  officer  under  the  grade  of  Brigadier  General,  or  private, 
shall  be  put  under  arrest  for  any  offence  cognizable  by  the  court 
herein  provided  for,  notice  or  his  arrest  and  of  the  offence  with 
which  he  shall  be  charged  shall  be  g'ven  to  the  'Judge  Advocate 
by  the  officer  ordering  said  arrest,  and  he  shall  be  entitled  to  as 
speedy  a  trial  as  the  business  before  said  court  will  allow. 

Sec.  5.  Said  courts  shall  attend  the  army,  shall  have  appropriate 
quarters  within  the  lines  of  the  army,  shall  be  always  open  for  the 
transaction  of  business,  and  the  final  decisions  and  sentences  of 
said  courts  in  convictions  shall  be  subject  to  review,  mitigation,  and 
suspension,  as  now  provided  by  the  Rules  and  Articles  of  war  in 
cases  of  courts-martial. 

Sec.  6.  That  during  the  recesses  of  the  Senate  the  President 
may  appoint  the  members  of  the  courts  and  the  Judges  Advocate 
provided  for  in  the  previous  sections,  subject  to  the  confirmation 
of  the  Senate  at  its  session  next  ensuing  said  appointments. 

Approved  October  9.  1862. 


An  Act  to  provide  Shoes  for  the  Army. 

The  C>n'jress  of  the  Confederate  States  of  America  do- enact, 
That  the  President  be,  and  he  is  hereby,  authorized,  on  the  requi- 
sition of  the  Quartermaster-General,  to  detail  from  the  army  per- 
sons skilled  in  the  manufacture  of  shoes,  not  to  exceed  two  thou- 
sand in  number ;  and  it  shall  be  the  duty  of  the  Quartermaster- 
General  to  placethem,  without  delay,  at  suitable  points  in  shops 
under  proper  regulations  prescribed  by  him,  and  employ  them  dil- 
igently in  the  manufacture  of  shoes  for  the  army. 

Sec,  2d.  Be  if  further  enacted^  That  soldiers  detailed  under  the 
provisions  of  this  act  shall  be  entitled  to  receive  pay  for  extra  du- 
ty, and  also  thirty-five  cents  per  pair  for  shoes  manufactured  by 
them  severally,  in  addition  to  regular  pay  and  rations. 

Approved  October  9,  1862. 


CONFEDERATE    STATES.  81 

An  Act  to  cauthorize  the  President  to  iccept  and  place  in  the  ser- 
vice certain  Regiments  and  Battalions  heretofore  raised. 

The  Congress  of  the  Confederate  States  of  America  do  enact. 
That  the  President  be,  and  he  is  hereby,  authorized  anil  empowered, 
whenever  in  his  opinion  the  public  good  would  be  promoted  there- 
by, to  receive  into  the  service  regiments  or  battalions  which  ha/e 
been  organized  in  good  faith  prior  to  the  1st  day  of  October,  18G2, 
under  authority  or  by  direction  of  the  Secretary  of  War,  or  any 
general  officer  of  the  Government,  although  said  regiments  or  bat- 
talions may  be  composed  in  part  of  persons  between  the  ages  of 
eighteen  and  thirty-five  years :  Provided,  That  this  authority  shall 
not  extend  to  regiments  or  battalions  organized  after  the  said  1st 
day  of  October,  1862,  except  in  those  States  and  location*  where 
the  conscript  law  may  be  suspended. 

Sec.  2.  That  the  President  l)e,  and  he  is  hereby,  authorized  and 
empowered,  whenever  in  his  opinion  it  would  promote  the  public 
good,  to  receive  into  service  regiments  or  battalions  which  have 
been  heretofore  organized  of  conscripts  by  a  general  ofiicer  in  any 
of  the  States  lying  west  of  the  Mississippi  lliver. 

Sec.  3.  That  all  companies,  battalions  and  regiments  of  infantry 
raised  or  organized  before  the  first  day  of  December  next  within 
the  limits  of  middle  and  west  Tennessee,  to  be  composed  of  resi- 
dents of  S'iid  districts,  may  be  accepted  by  the  President,  when  in 
his  opinion  the  public  interest  will  be  promoted  thereby,  and  said 
troops  shall  be  allowed  to  elect  their  own  officers  for  the  first  elec- 
tion, after  which  all  vacancies  shall  be  filled  by  the  President,  under 
the  act,  and  the  acts  amendatory  of  the  same,  providing  for  the  pub- 
lic defence,  passed  sixteenth  of  April,  1862,  and  also  such  counties 
in  North  Carolina,  lying  east  of  the  line  of  the  Wilmington  and  Wel- 
don  railroad  as  are  beyond  the  lines  of  the  army,  and  exposed  to  the 
incursions  of  the  enemy. 

Approved  October  11,  1862. 


An  \ct  to  establish  places  of  Rendezvous  for  the  Examinatlion  of 

Enrolled  men. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  there  shall  be  established  in  each  county,  parish,  or  district, 
and  in  any  city  in  a  county,  parish,  or  district  in  the  several  States, 
a  place  of  rendezvous  for  the  persons  in  said  county,  district,  par- 
ish or  city,  enrolled  for  military  duty  in  the  field,  who  shall  be 
there  examined  by  one  or  more  Surgeons  to  be  employed  by  the 
Government,  to  be  assigned  to  that  duty  by  the  President  on  a  day 
^^^hinl^^rwb^^  notice  shall  J)(^(Tivt]]  ])v  said  Surgeon,  and  from 


82  MILITARY  LAWS  OF  THE 

day  to  day  next  thereafter  until  all  who  shall  be  in  attendance  for 
the  purpose  of  examination  shall  have  been  examined ;  -and  the  de- 
cision of  said  burgeons,  under  regulatioi?s  to  be  established  by  the 
Secretary  of  War,  as  to  the  physical  and  mental  capacity  of  any 
such  person  for  military  duty  in  the  field  shall  be  final ;  and  those 
only  thus  ascertained  to  be  fit  for  military  duty  in  the  field  shall 
be  required  to  assemble  at  camps  of  instruction. 

Sec.  2.  There  shall  be  assigned  to  each  Congressional  District 
in  the  several  States,  three  Surgeons,  who  shall  constitute  a  Board 
of  Examination  in  smh  district  "for  the  purpose  specified  in  the 
foregoing  section,  any  one  or  more  of  whom,  may  act  at  any  place 
of  rendezvous  in  said  districts.  ■ 

Sec.  3.  When  it  shall  appear,  to  any  Surgeon  attending  such  place 
of  rendezvous,  by  the  certificate  of  a  respectable  physi:ian  resident 
in  that  county,  district,  parish,  or  city  in  a  county,  parish,  or  dis- 
trict, that  any  enrolled  person  therein  is  unable  to  attend  on  ac- 
count of  sickness,  it  shall  be  the  duty  of  said  Surgeon  to  file  said 
certificate  with  the  commandant  of  the  nearest  camp  of  instruction, 
and  if  the  person  named  therein  shall  not  within  a  reasonable  time 
report  himself  fo '  examination  at  said  camp  of  instruction,  or  his 
continued  disability  certified  by  the  certificate  of  a  respectable  phy- 
sician of  his  county,  city,  district,  or  parish,  he  shall  be  held  liable 
as  absent  without  leave  of  his  commanding  officer. 

Approved  October  11,  1862. 


An  Act  to  amend  an  act  entitled  "  An  Act  to  raise  an  additional 
military  force  to  serve  during  the  War,"  approved  8th  of  May, 
1861,  and  to  provide  for  raising  Forces  in  the  States  of  Missouri 
and  Kentucky. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  first  and  second  sections  of  the  Act  to  which  this  is  an 
amendment,  are  hereby  declared  to  have  full  force  and  eflfect  in 
those  States  and  districts  in  which  the  President  may,  under  the 
law,  suspend  the  provisions  of  the  Acts  providing  for  the  enroll- 
ment of  persons  for  military  service,  or  when  said  -4^'^s  cannot  be 
enforced  by  reason  of  the  occupation  of  the  enemy  :  Provided,  That 
the  troops  received  under  the  sections  of  said  Act,  shall  be  received 
for  three  years  or  for  the  war. 

Sec.  2.  That  the  President  may,  in  cases  when  in  his  opinion  the 
public  interest  requires  that  he  shoild  do  so,  appoint  Major  and 
Brigadier-Generals  with  their  appropriate  Staffs,  and  also  the  field, 
company,  and  staff  officers  to  regiments,  battalions,  companies,  or 
squadrons,  before  the  same  are  organized,  by  and  with  the  advice 


CONFEDERATE   STATES.  83 

and  consent  of  the  Senate,  and  if  said  regiments,  battalions,  com- 
panies, or  squadrons  are  not  reported  as  complete  within  a  reason- 
able time,  the  President  may,  in  his  discretion,  vacate  the  commis- 
sions of  said  officers,  who  shall  be  entitled  to  the  pay  of  their  re- 
spective grades,  from  the  d#te  of  their  respective  appointments 
until  their  cot. missions  are  vacated  ;  and  that  companies  of  in- 
fantry, shall  consist  of  at  least  one  hundred  and  twenty-five,  rank 
and  file ;  and  companies  of  artillery  of  at  least  one  hundred  and 
fifty  rank  and  file,  and  companies  of  cavalry  of  at  least  eighty 
rank  and  file. 

Approved  October  11,  1862. 


An  Act  amendatory  of  an  act  entitled  "An  Act  providing  for  the 
granting  of  Bounties  and  Furloughs  to  Privates  and  Non-com- 
missioned officers  in  the  Provisional  Army,"  approved  December 
11,1861. 

The  Congress  of  the  Confederate  Slates  of  America  do  cnacf^ 
That  the  above  recited  Act  be  so  amended  as  to  secure  to  all  sol- 
diers and  non-commissioned  officers  who  shall  have  entered  the  ar- 
mies of  the  Confederate  States  for  three  years  or  during  the  war, 
the  bounty  of  fifty  dollars,  as  therein  provided,  although  such  sol- 
dier or  non-commissioned  officer  may  have  been  killed  in  battle,  * 
died,  or  been  honorably  discharged  before  the  expiration  of  the 
first  year's  service  of  his  term,  to  be  paid  as  other  arrearages. 

Approved  October  11,  1862. 


An  Act  to  amend  an  Act  entitled  "An  Act  for  the  organization  of 
the  Staff  Departments  of  the  army  of  the  Confederate  States  of 
America,"  approved  March  14th,  1861. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  the  first  section  of  the  act  entitled  "An  Act  for  the  organ- 
ization of  the  Stair  Departments  of  the  army  of  the  Confederate 
States  of  America,"  approved  March  14th,  1861,  be  amended  by 
adding  to  the  Adjutant  and  Inspector  General's  Department,  one 
Assistant  Adjutant  General  with  the  rank  of  Colonel, 

Approved  October  8,  1862. 


An  Act  to  exempt  certain  persons  from  militar}'-  duty,  and  to  re- 
peal an  act  entitled  "An  Act  to  exempt  certain  persons  from  En- 
rollment for  service  in  the  Army  of  the  Confederate  States,*' 
approved  21st  April,  X662. 


84  MILITARY  LAWS  OF  THE 

The    Congress  of  the    Confederate   States  of  America  do  enact, 
Thai  all  persons  who  shall  be  held  unfit  for  military  service  in  the 
field,  by  reason  of  bodily  or  mental  incapacity  or  imbecility,  under 
rules  to  be  prescribed  by  the  Secretary  of    War ;   the  V'ice  Presi- 
dent of  the  Confederate  States;  the  officers,  judicial  and  execulive, 
of  the  Confederate  and  State  Governments,  including  postmasters 
appointed  by  the  President  and  confirmed  by  the  Senate,  and  such 
clerks  in  their  offices  as  are   allowed   by   the   Postmaster  General, 
and  now  employed,  and  excluding  all  other  postmasters,  their  as- 
sistants and  clerks  ;  and  except  such  State  officers  as  the  several 
States  may  have  declared,  or  may   hereafter  declare  by  law  to  be 
liable  to  militia  duty  ;  the  members  of  both  Houses  of  the  Congress 
of  the  Confederate  States,  and  of  the  Legislatures  of  the  several 
States,  and  their  respective  officers  ;  all  clerks  now  in  the  offices  of 
the  Confederate  and  State  Governments  authorized  by  law,  receiv- 
ing salaries  or  fees;  all  volunteer  troops,  heretofore  raised  by  any 
State  since  the  passage  of  the  act  entitled  "An  Act  further  to  pro- 
vide for  the  public  defence,"  approved  April  16th,  1802,  while  such 
troops  shall  be  in  active  service  under  State  authority:  Provided, 
That  this  exemption  shall  not  apply  to  any  person  who  was  liable 
to  be  called  into  ser/ic.e  by  virtue  of  said  act  of  April  sixteenth, 
1862;  all  pilots  and  persons  engaged  in  the  merchant  marine  ser- 
vice ;  the  president,  superintendents^  conductors,   treasurer,  chief 
clerk,  engineers,  managers,  station  agt'nts,  section  masters,  two  ex-  < 
pert  track  hands  to  each  section  of  eight   miles,   and  mechanics  in 
the  active  service  and  employment  of  railroad   companies,  not  to 
embrace  laborers,  porters,  and  messengers  ;  the  president,  general 
superintendent  and  operators  of  telegraph  companies,  the  local  su- 
perintendent and  operators  of  said   companies,   not  to  exceed  four 
in  number  at  any  locality,  but  th  it  of  the  seat  of  Government  of 
the  Confederate  States ;  the  president,  superintendents,  captains, 
engineers,  chief  clerk  and  mechanics  in  the  active  service  and  em- 
ployment of  all  companies  engaged  in  river  and  canal  navigation, 
and  all  captains  of  boats  and  engineers  therein  employed;  one  ed- 
itor of  each  newspaper  now  being  published,  and  such  employees 
as  the  editor  or  proprietor  may  certify,  upon  oath,  to  be  indispen- 
sable for  conducting  the  publication;  the  public  printer,  and  those 
employed    o  perform  the- public  printing  for  the  Confederate  and 
State   Governments ;     every    minister   of    religion   authorized   to 
preach  according  to  the  rules  of  his  sect  and  in  the  regular  d is- 
charge  of  ministerial  duties,  and   all   persons  who  have  been  and 
now  are  members  of  the  society  of  Frienrls,  and  the  association  of 
Dunkards,  Nazarenes,  and  Mennonists,  in   regular  membership  in 
their  respective  denominatfons  :  j^ot'^V/^r/;  members  of  the  soeietVL- 


CONFEDERATE    STATES.  85 

substitutes  or  pay  a  ta^x  of  $500  each  into  the  public  treasury  jf*  all 
physicians  who  now  are,  and  for  the  last  five  years  have  been,  in 
actual  practice  of  their  profession ;  all  shoe-makers,  tanners,  black- 
smiths, wagon-makers,  millei-s  and  their  engineers,  millwrights, 
skilled  and  actually  ejnployed  at  their  regular  vocation  in  the  said 
trades,  habitually  engaged  in  working  fur  the  public,  and  whilst  so 
.actually  employed :  Profidcd,  Said  persons  shall  make  oath  in 
writing  that  they  are  su  f;killed  and  actually  employed  at  the  time 
as  their  regular  vocation  in  one  of  the  above  trades,  which  affidavit 
shall  only  \h' prhna  fada  evidence  of  the  fjicts  therein  stated: 
Provided,  further,  That  the  exemptions  herein  granted  to  per- 
sons by  reason  of  their  peculiar  mechanical  or  other  occupation  or 
employment,  not  connected  with  tlie  pul)lic  service,  shall  be  sub- 
ject to  the  condition  that  the  products  of  the  labor  of  such  ex- 
empts, or  of  the  companies  or  establishments  with  which  they 
are  connected,  shall  be  sold  and  disposed  of  by  the  proprietors  at 
prices  not  exceeding  seventy-five  per  centum  upon  the  cost  of  pro- 
duction, or  within  a  maximum  to  be  fixed  by  the  Secretary  of  War, 
under  such  regulations  as  he  may  prescribe  :  uitid  be  it  further 
provided,  That  if  the  propriet'»rs  of  any  such  manufacturing  estab- 
lishments shall  be  shown,  upon  evidence,  to  be  submitted  to,  and 
judged  of,  by  the  Secretary  of  War,  to  have  violated,  or  in  any 
manner  evaded  the  true  ihtent  and  s[)irit  of  the  foregoing  proviso, 
the  exemptions  therein  granted  shall  no  longer  be  extended  to  them, 
their  superintendents,  or  operatives,  in  said  establishments,  but 
they  and  each  and  every  one  of  them  shall  l)e  forth  with  enrolled  under 
the  provisions  of  this  act,  and  ordered  into  the  Confederate  army, 
and  shall,  in  no  event,  be  again  exempted  therefrom  by  reason  of 
said  manufacturing  establishments  or  employments  therein;  all 
superintendents  of  public  hospitals,  lunatic  asylums,  and  the  regu- 
lar physicians,  #urses  and  attendants  therein,  and  the  teachers  em- 
ployed in  th«institutions  for  the  deaf,  dumb,  and  blind  ;  in  each 
apothecary  store,  now  established  and  doing  business,  one  apothe- 
cary in  good  standing,  who  is  a  practical  apothecary  :  superintend- 
ents and  operators  in  wool  and  cotton  factories,  paper  mills,  and 
superintendents  and  managers  of  wool  carding  machines,  who  may 
be  exempted  by  the  Secretary  of  War  :  Provided,  The  profits  of 
such  establishments  shall  not  exceed  seventy-five  per  centum  upon 
the  cost  of  production,  to  be  determined  upon  oath  of  the  parties, 
sul)ject  to  the  same  penalties  fi)r  violation  of  the  provisions  herein 
contained  as  are  herein  befi)re  provided,  in  case  of  other  manufac- 
turing and  mechanicaj  employments;  all  presidents  and  teachers 
of  C(>IU'<]^es.  acadoniios.  schools,  and  theological  seminaries,  who 
Ji^iA:i^J:iiimi_riicrii|.-ir!v-t-iiL^aiJ(Ml  as  such  for  two  years  previous  to  the 


86  MILITARY  LAWS  OF  THE 

establishments  of  the  Government  for  the  manufacture  of  arms, 
ordnance,  ordnance  stores,  and  other  munitions  of  war,  saddles, 
harness,  and  army  supplies,  who  may  he  certified  by  tlie  officer  in 
charge  thereof,  as  necessary  for  such  establishments  ;  also,  all  arti- 
zans,  mechanics,  and  employees  in  the  establishments  of  such  per- 
sons as  are  or  may  be  engaged  under  contracts  with  the  Govern- 
ment in  furnishing  arms,  ordnance,  ordnance  stores,  and  other  mu- 
nitions of  war :  Provided,  That  the  chief  of  the  ordnance  bureau, 
or  some  ordnance  officer  authorized  by  him  for  the  purpose,  shall 
approve  of  the  number  of  the  operatives  required  in  such  establish- 
mentfe  ;  all  persons  employed  in  the  manufacture  of  arms,  or  ord- 
nance of  any  kind  by  the  several  States,  or  by  contractors  to  fur- 
nish the  same  to  the  several  State  Governments,  whom  the  Gov- 
ernor or  Secretary  of  State  thereof  may  certify  to  be  necessary  to 
the  same;  all  persons  engaged  in  the  construction  of  ships,  gunboats, 
engines,  sails,  or  other  articles  necessary  to  the  public  defence,  un- 
der the  direction  of  the  Secretary  of  the  nary  ;  all  superintendents, 
managers,  mechanics,  and  miners  employed  in  the  production  and 
manufacture  of  salt  to  the  extent  of  twenty  bushels  per  day,  and 
of  lead  and  iron,  and  all  persons  engaged  in  burning  coke  for  smelt- 
ing, and  manufacture  of  iron,  regular  miners  in  coal  mines,  and  all 
colliers  engaged  in  making  charcoal,  for  making  pig  and  bar  iron, 
not  to  embrace  laborers,  messengers,  wagoners,  and  servants,  un* 
less  employed  at  works  conducted  under  the  authority  and  by  the 
officers  or  agents  of  a  State,  or  in  works  employed  in  the  produc- 
tion of  iron  for  the  Confederate  States;  one  male  citizen  for  every 
five  hundred  head  of  cattle,  for  every  two  hundred  and  fifty  head 
of  horses  or  mules,  and  one  shepherd  for  every  five  hundred  head 
of  sheep,  of  such  pers(ms  as  are  engaged  exclusively  in  raising 
stock :  Provided^  That  there  is  no  male  adult  not  liable  to  do  mil- 
itary duty  engaged  with  such  person  in  raising  stock  ;  to  secure  the 
proper  police  of  the  country,  one  person,  either  as  agent,  owner, 
or  overseer,  on  each  plantation  on  which  one  white  person  is  re- 
quired to  be  kept  by  the  laws  or  ordinances  of  any  State,  and  on 
which  there  is  no  white  male  adult  not  liable  to  do  military  ser- 
vice, and  in  States  having  no  such  law,  one  person  as  agent,  owner, 
or  overseer,  on  each  plantation  of  twenty  negroes,  and  on  w'hich 
there  is  no  white  male  adult  not  liable  to  military  service:  And 
furthermore,  For  additional  police  for  every  twenty  negroes  on 
two  or  more  plantations,  w^ithin  five  miles  of  each  other,  and  each 
having^less  than  twenty  negroes,  on  which  there  is  no  white  male 
adult  not  liable  to  military  duty,  one  [)erson,  being  the  oldest  of 
the  owners  or  overseers  on  such  plantations ;  and  such  other  per- 
sons as  the  President  shall  be  satisfied,  on  account  of  justice,  equity, 
or  necessity,  ought  to  be  exempted,  are  hereby  exempted  from  mil- 


CONFEDERATE   STATES.  87 

itary  service  in  the  armies  of  the  Confederate  States  ;  also  a  regi- 
ment raised  under  and  by  authority  of  the  State  of  Texas,  for 
frontier  defence,  now  in  the  service  of  said  State,  while  in  such 
service:  Provided,  further ^  That  the  exemptions  herein  above  enu- 
merated and  granted  hereby,  shall  only  continue  wlplst  the  persons 
exempted  are  actually  engaged  in  their  respective  pursuits  or  oc- 
cupations. 

Sec.  2.  Be  it  further  enacted,  That  the  Act  entitled  "An  Act  to 
exempt  certain  persons  from  enrollment  for  sf^rvice  in  the  armies 
of  the  Confederate  States,"  approved  the  twenty-first  of  April, 
eighteen  hundred  and  sixty-two,  is  hereby  repealed. 

Approved  October  11,  1862. 


An  Act  authorizing  the  suspension  of  the  writ  of  Habeas  Corpus. 

Section  1.  The.  Con  press  ef  the  Confederate  States  of  America 
do  enact.  That  during  the  present  invasion  of  the  Confederate  States 
the  President  shall  have  power  to  suspend  the  privilege  of  the  writ 
of  habeas  corpus  in  any  city,  town,  or  military  district,  whenever, 
in  his  judgment,  the  public  safety  may  require  it;  but  such  sus- 
pensions shall  apply  only  to  arrest-?  made  by  the  authorities  of  the 
•Confederate  Government,  or  for  offences  against  the  same. 

Sec.  2.  The  President  shall  cause  proper  officers  to  investigate  the 
cases  of  all  persons  so  arrested,  in  order  that  they  may  be  dis- 
charged, if  improperly  detained,  unless  they  can  bo  speedily  tried 
in  due  course  of  law. 

Sec.  3.  This  act  shall  continue  in  force  for  thirty  days  after  the 
next  meeting  of  Congress,  and  no  longer. 

Approved  October  IS,  1862. 


An  Act  to  grant  Commutation  for  Quarters  to  the  Superintendent 
of  the  "  Army  Intelligence  Office,"  and  his  Clerks,  and  to  in- 
crease the  compensation  of  said  Clerks. 

The  Congress  of  the  Confederate  States  of  America  do  enact, 
That  commutation  in  lieu  of  quarters  be.  and  the  same  is  hereby, 
allowed  to  the  Superintendent  of  the  "  Army  Intelligence  Office  " 
and  his  clerks,  at  the  discretion  of  the  Secretary  of  War,  and  un- 
der such  regulations  as  may  be  prescribed  by  him,  and  that  the 
extra  pay  allowed  to  said  clerks  shall  be,  and  is  hereby,  increased 
from  twenty-five  to  fifty  cents  per  day. 

Approved  October  13,  1862. 


88  MILITARY  LAWS  OF  THB 

An  Act  to  regulate  and  fix  the  Pay  of  Cadets  in  the  service  of 
the  Confederate  States. 

The  Congress  of  th*>.  Confederate.  States  of  America  do  eriact, 
That  the  pay  of  cadets  in  the  service  of  the  Confederate  States 
shall  be  the  same  as  Second  Lieutenants  of  the  arm  of  service  to 
which  they  are  attached. 

Appkoved  Oct  13,  18G2. 


An  Act  to  relieve  the  Army  of  disr^ualified,  disabled  and  incom- 
petent Officers. 

Section  1.  The  Congress  of  the  Confederate  States  of  America 
do  enact^  That  whenever,  in  the  judgment  of  the  General  command- 
ing a  department,  the  good  of  the  service  and  the  efficiency  "Of  his 
command  require  it,  he  is  authorized,  and  it  is  hereby  made  his 
duty,  t<i  appoint  an  Examining  Board,  to  be  composed  of  officers 
of  a  rank  at  least  as  high  as  that  of  the  officers  whose  qualifications 
it  is  proposed  to  inquire  into,  which  board  shall  immediately  pro- 
ceed to  examine  into  the  cases  of  such  officers  as  may  be  brought 
to  their  attention,  for  the  purpose  of  determining  their  qualifica- 
tions for  the  discharge  of  the  duties  properly  appertaining  to  their 
several-  positions. 

Sec.  2.  Be  it  further  enacted,  That  whenever  such  Examining 
Board  shall  determine  that  any  officer  is  clearly  unfit  to  perform 
his  legitimate  and  proper  duties,  or  (careless  and  inattentive  in 
their  discharge,  then  the  said  Board  shall  communicate  their  de- 
cision, together  with  the  full  report  of  their  proceedings  in  the  case, 
to  the  (Jeneral  commrmding  the  department  in  which  the  examina- 
tion shall  have  beer*  held,  who  shall,  if  he  approve  the  finding  of  the 
board,  be  authorized  to  suspend  the  officer  who  has  been  pro- 
nounced unfit  for  his  position,  and  shall  inmiediately  transmit  to 
the  Secretary  of  War  the  decision  and  proceedings  of  the  Examin- 
ing Board,  with  his  own  action  and  opinion  endorsed  thereon  : 
Provided,  That  such  ollicer  shall  be  entitled  to  be  heard,  and  to 
call  witnesses  in  his  defence. 

Sec,  3.'  Be  it  further  enacted,  That  the  Secretary  of  War,  if  he 
approve  the  finding  of  the  Board  and  the  action  of  the  General 
commanding  the  Department,  shall  lay  the  same  before  the  Presi- 
dent, who  is  authorized  to  retire  honorably,  without  pay  or  allow- 
ances, or  to  drop  from  the  army,  as  the  circumstancesof  the  case 
may  warrant,  and  the  good  of  the  service  require,  the  officer  who 
has  been  found  unfit  for  his  position. 

Sec.  4.   Be  it  further  enacted,  Tliat,  in    order  to    secure  reliable 


CONFEDERATE    STATES.  89 

by  made  the  duly  of  each  officer  commanding  a  regiment,  separate 
battalion,  company,  battery,  or  squadron,  to  make  to  his  immedi- 
ate commanding  otlieer,  Avho  shall  transmit  the  same  to  the  Briga 
dier  General  commanding,  a  monthly  report  in  tabular  form,  a 
copy  whereof  shall  be  retained  by  the  reporting  officer,  subject  to 
the  inspection  of  all  officers  interested  therein,  containing  a  list  of 
all  commissioned  officers  of  such  regiment,  separate  battalion,  com- 
pany, battery,  or  squadron,  in  which  shall  be  stated  the  number  of  days 
each  officer  has  been  absent  from  his  command  with  or  without, 
or  on  sick  leave ;  the  number  of  times  each  officer  has  been  ob- 
served to  have  been  ab&ent  from  his  command,  when  on  march  or 
in  action ;  when  and  where  each  officer  has  been  observed  to  have 
performed  signal  acts  of  service;  when  and  where  negligent  in  the 
performance  of  duty,  and  inattentive  to  the  security  and  economy 
of  public  property  ;  printed  blank  forms  of  which  said  reports 
shall  be  furnished  by  the  Secretary  of  War,  for  the  use  of  the  offi- 
cers whose  duty  it  is  made  to  make  such  reports. 

Sec.  5.  Be  it  further' enacted^  That  whenever  any  officer  of  a 
company,  battalion,  sqiiiidron  or  regiment  shall  have  been  drop- 
ped, or  honorably  retired,  in  accordance  with  the  provisions  of  this  act, 
then  the  officer  next  in  rjink  shall  be  promoted  to  the  vacancy,  if 
competent,  such  competency  to  be  ascertained  as  provided  in  the 
first  and  second  sections  of  this  act,  and  if  not  competent,  thei.  the 
next  officer  in  rank  shall  be  promoted  ;  and  so  on,  until  all  the 
commissioned  officers  of  the  company,  battalion,  squadron,  or  regi- 
ment, shall  have  been  gone  through  with;  and  if  there  be  no  offi- 
cer of  the  company,  battalion,  squadron  or  regiment  competent  to 
fill  the  vacancy,  then  the  President  shall,  by  and  with  the  advice 
and  consent  of  the  Senate,  fill  the  same  by  appointment :  Provided, 
That  the  officer  appointed  shall  be  from  the  same  State  as  that  to 
which  the  company,  battalion,  s({uadron  or  regiment  belongs : 
And  provided  further,  That  nothing  herein  contained  shall  be  con- 
strued as  limiting  the  power  heretofore  conferred  upon  the  Presi- 
dent by  existing  hiws,  to  fill  any  vacancy  by  the  promotion  of  offi- 
cers or  the  appointment  of  privates  "distinguished  in  the  service 
by  the  exhil)ition  of  extraordinary  valor  and  skill  :"  And  provided 
further,  That  vacancies  arising  under  the  operation  of  this  act,  in 
regiments  or  battalions  which  were  organized  under  the  laws  of  a 
State  for  the  war,  or  for  a  period  not  yet  expired,  shall  be  filled  as 
in  case  of  death  or  resignation. 
^   Approved  October  13,  1862. 


An  Act  to  authorize  the  grant  of  Medals  and  Badges  of  Distinc- 
tion as  a  Reward  for  Courage  and  Good  Conduct  in  the  Field 
of  Battle. 


90  MILITARY  LAWS  OF  THE 

The  Congress  of  the  Confederate  States  of  America  do  enacts 
That  the  President  be,  and  he  is  hereby,  authorized  to  bestow 
medals,  with  proper  devices,  upon  sueh  officers  of  the  armies  of  the 
Confederate  fetates  as  shall  be  conspicuous  for  courage  and  ijood 
conduct  on  the  field  of  battle :  and  also  to  confer  a  badw  of  distinc- 
tion  upon  one  private  or  non-commissioned  officer  of  each  compa- 
ny after  every  signal  victory  it  shall  have  assisted  to  achieve.  The 
non-o%mmissioned  officers  and  privates  r>f  the  company,  who  may 
be  present  on  the  first  dress  parade  thereafter,  may  choose,  by  a 
majority  of  their  votes,  the  soldier  best  entitled  to  receive  such  (iis- 
tinction,  whose  name  shall  be  communicated  to  the  President  by 
commanding  officers  of  the  company,  and  if  the  award  fall  upon  a 
deceased  soldier,  the  badge  thus  awarded  him  shall  be  deliven-d  to 
his  widow,  or  if  there  be  no  widow,  to  any  relation  the  President 
may  adjudge  entitled  to  receive  it. 
Approved  Oct.  13,  1862. 


An  Act  to  protect  the  Rights  of  Owner§  of  Slaves  taken  by,  or 
employed  in,  the  Army. 

Section  1.  The  Congress  of  the  Confedemte  States  of  America 
do  enact,  That  every  person  connected  with  the  Army  or  Navy  of 
the  Confederate  States,  arresting  or  coming  into  possession  of  any 
slave  by  capture  from  the  enemy,  or  otherwise  than  by  lawful 
authority,  shall  immediately  report  the  same  to  the  commanding 
officer  of  the  post,  or  brigade,  or  station  to  which  he  may  be  attached. 
The  said  commanding  officer  shall,  with  as  little  delay  as  practicable, 
send  the  slaves  so  reported  to  the  nearest  depot  described  in  the  uext 
section,  with  a  register  of  the  place  and  dateof  their  arrest :  Provi- 
ded, however,  That  the  said  slaves  or  any  of  them  may  at  once  be 
delivered  to  their  respective  owners,  if  claim  is  made  and  estab- 
lished on  satisfactory  evidence. 

Sec.  2.  The  Secretary  of  War  shall  establish  depots  for  recap- 
tured slaves  at  convenient  places  nijt  more  than  five  in  number  in 
each  State,  and  all  slaves  captured  in  such  State  shall  be  kept  in 
such  depots.     Public  notice  shall  be  given  of  the  places  so  selected. 

Sec.  3.  Lists  of  the  slaves  in  each  of  sueh  depots  showing  the 
name  and  color  of  such  slaves,  the  place  and  time  of  their  arrest, 
and  the  names  of  their  owners  as  given  by  themselves,  or  other- 
wise ascertained,  shall  be  regularly  advertised  in  each  State  in  one 
or  more  newspapers  of  general  circulation. 

Sec.  4.  While  such  slaves  are  in  depot,  they  may  be  employed 
under  proper  guard  on  public  works;  but  no  slave  shall  be  re- 
moved from  the  depot  to  which  they  are  first  carried  for  at  least 


CONFEDERATE   STATES.  91 

one  month  after  the  first  advertisement  of  his  being  there,  nor  then, 
unless  an  exact  register  is  made  of  the  removal,  and  due  advertise- 
ment made  in  the  newspapers  as  aforesaid. 

Sec.  5.  Free  access  shall  be  permitted  to  all  persons  desiring  to 
inspect  the  said  slaves  for  the  purpose  of  identifying  them  and  es- 
tablishing ownership,  and  upon  due  proof,  they  shall  be  immedi- 
ately restored  to  the  persons  claiming  them. 

Sec.  6.  It  shall  further  be  the  duty  of  the  Secretary  of  War  to 
require  the  names  of  all  slaves  in  the  employment  of  an  officer  or 
soldier  of  the  Confederate  Army  or  Navy,  with  the  names  and 
residence  of  their  owners,  and  of  the  person  by  whom  hired  out, 
and  of  the  officer  or  soldier  hiring,  to  be  reported  to  his  Depart- 
ment, and  a  full  register  thereof  to  be  kept  for  public  inspection. 

Sec.  7.  The  President  shall  prescribe  regulations  for  carrying 
this  Act  into  effect,  and  provide  for  the  subsistence  of  said  slaves 
while  in  such  depots. 

Approved  Oct.  13,  18G2. 


An  Act  to  authorize  the  formation  of  Volunteer  Companies  for 

Local  Defence. 

The  Congress  of  the  Cfinfederate  States  of  America  do  enacts 
That  for  the  purpose  of  local  defence  in  any  portion  of  the  Confed- 
erate States,  any  number  of  persons  not  less  than  twenty,  who  are 
over  the  age  of  fortr-fiTe  years,  or  otherwise  not  liable  to  military 
duty,  may  associate  themselves  as  a  military  company,  elect  their 
own  officers,  and  establish  rules  and  regulations  for  their  own  gov- 
ernment, and  shall  be  considered  as  belonging  to  the  Provisional 
Army  of  the  Confederate  States,  serving  without  pay  or  allow- 
ances, and  entitled,  when  captured  by  the  enemy,  to  all  the  privi- 
leges of  prisoners  of  war:  Provided,  That  such  company  shall,  as 
soon  as  praticable,  transmit  their  muster  roll,  or  a  list  of  the  names 
of  the  officers  and  privates  thereof,  to  the  Governor  of  the  State, 
the  Commanding-General  of  the  Department,  or  any  Brigadier- 
General  in  the  State  or  Confederate  service  to  be  forwarded  to  the 
Secretary  of  War ;  but  the  President,  or  the  commander  of  the 
military  district  may,  at  any  time,  disband  such  companies :  Pro- 
vided, That  in  the  States  and  districts  in  which  the  Act  entitled 
"  An  Act  to  further  provide  for  the  public  defence,"  approved 
April  sixteenth,  eighteen  hundred  and  sixty  two,  and  the  Acts 
amendatory  thereof,  have  been  suspended,  persons  of  any  age,  res- 
ident within  such  States  or  districts,  may  volunteer  and  form  part 
of  such  companies,  so  long  as  such  suspension  may  continue  :  Pro- 
vided, That  no  person  shall  become  a  member  of  said  company  un- 
til he  shall  have  first  taken  the  oath  of  allegiance  to  the  Confederate 


92  MILITARY  LAWS  OF  THB 

States  of  America  in   writing,  a  copy  of  which  shall  be  filed  with 
the  muster  roll  of  said  company  as  above  prescribed. 
Approved  October  13,  1862. 


An  Act  to  increase  and  regulate  the  appointment  of  General  Offi- 
cers in  the  Provisional  Army. 

The  Congress  of  the  Confederate  States  of  America  do  enact^ 
That  the  President  be,  and  he  is  hereby,  authorized,  by  and  with 
the  adrice  and  consent  of  the  Senate,  to  appoint  twenty  General 
Officers  in  the  Provisional  Army,  and  to  assign  them  to  such  ap- 
propriate duties  as  he  may  deem  expedient. 

Approved  October  13,  1862. 


IlSriDEX. 


PA«B. 

Aeco7cnts, 
Of  acting  Commissaries  and  Quarter- 
mastersof  Indian  Troops  ;  how  set- 
tled and  paid, 46,  47 

Adjutant  and  Inspector-Geiifral. 

Department  of,  organized, 3,  14 

Assistant  Adj't  General  added  to, . .  .83 

Adjutants. 
Of  regiments  and  legions  of  the  grade 
of  subalterns,  may  be   appointed. 

Their  pay  and  allowances 41 

Aids-de-camp. 

Ot  Brigadier-Generals, 8,  9 

Fora^re  allowed  to. 26 

For  President's  Staff, 36,  56 

Their  rank  and  pay 36,  56 

Of  Generals, 56 

Pay  and  allowances  of,. 56 

Appointments . 
Made  by  the  President  fn    Military 
and  Naval  service  combined,  and 

to  be  submitted  to  Congress, 42 

Of  officers  to  raise  regiments,  com- 
panies, etc 48 

Of  officers  of  arvillery  in  the  Provis- 
ional Army,  and  in  the  Volunteer 
Corps, 49 

Appropriations. 

For  the  support  of  3  thousand  men 
for  12  months,  to  be  called  into  ser- 
vice at  Charleston, 13,  14 

To  provide  arms,  ammunition,  etc.. 
lor  the  troops  in  Missouri, 30,  31 

Fo""  certain  floating  defences, 47 

ArTnorers. 
Appointment   of   Master  Armorers, 

and  their  salaries, 36 

Salaries  of  Master  Armorers  may  be 

increased, 63 

Ar^^ories. 
Appointment  of  Superintendents  of,  36 

Of  Master  Armorers, 36 

Their  Salaries '..  ...36 

Arms. 
President  to  receive  arms  from  the 

States 5 

Law  of  U.  S.  in  relation  to  purchase 

of  arms  and  military  supplies  ot  a 

patented  invention,  suspended,..  24 
Fabrication  of  small  arms, 36 


PAOS. 

Of  Volunteer  Corps  for  12  months, 
to  be  under  the  Presidt's  control.. 49 

Pay  for  private  arms, 60 

Army. 

Organization  of  General  StafT, 3 

Adjutant   and   Inspector- General's 

Department, 3 

Quartermaster-General's  Dep'nt,  3,  23 
Comn::issary-General's  Dep'nt, ...4,  23 

Medical  Department 4,  24 

Officers  of  the  said  Departments  not 

to  assume  command  of  troops,. . ..  4 
President  to  appoint  Stafl'  officers,..  4 
President  to  have  control  of  all   mil 

itary  operations  in  the  States,....   5 
To  receive  Volunteer  Forces,  5,16,  17 
Such    forces   may  Be  received  with 
theirofficcrs  in  companies,  etc.,  5,  16 

Pay  and  allowances, 5 

May  employ  Militia,  Military  and 
Naval  Forces,  and  ask  for  and  re- 
ceive Volunteers, 5 

How  long  Militia  to  serve, 5 

Establishment    and    organization 

of, 7.  13,  23,  24,  26,  29 

Corps  of  Engineers, 7,  8,  23 

Corps  of  Artillery 8 

Regiments  of   Infantry, ....8,23 

Regiments  of  Cavalry, 8,  23 

Brigadier-Generals  and  their  Aids- 
de-camp, 8,  9 

Officers   of,  to  be  appointed  by  the 

President, 9 

Master  Arniorers,  carriage-makers, 
blacksmiths,  artificers,  A  laborers, 
attached  to  the  corps  of  artillery,  11 

Rations   and  clothing, 12,38 

Officers  to  perform  all  uiilitary  duties 
to  which  they  may  be  severally  as- 
signed by  the  President, 12 

Secretary  of  War  to  prepare  and 
publish  regulations  prescribingthe 
details  of  every  Department  in  the 
service  for  thegeneral  government 

of  the  Army i. . .  .12 

Regiment  of  Zouaves  added  to,... .15 
Volunteer  Forces  may  be  attached  to 
Divisions,  Brigades  or  regiments, 
or  ordered^upon  independent  ser- 
vice, J  17 

Officers  to  be  commissioned  by  the 
President 17 


11 


THE   INDEX. 


Supernumerary  officers  to  be  attach- 
ed to  each  company, 17 

Companies  oflighl  artillery  with  com- 
plement of  olU'ers  and  equipments 
may  be  received  into  the  service,  17 

Milry  Establisliment  increased,  23,  '2i 

Additional  company  of  Sappers  and 
Bombardiers, 2!) 

Transportation  of  Soldiers  and  allow- 
ance of  clothing  for  Volunteers,  26 

Subalterns  of  the  Line  may  be  as- 
signed to  the  duties  of  Adjutat  of 
regiment  or  battalion, 27 

Temporary  rank  and  command,  for 
service  with  voTieer  troops, may  be 
conferred  on  oflicers  of  the  army,  27 

Amendment  of  act  forestablishmenl 
and  organization  of, 29 

Civilians  may  be  appointed  StaffOffi 
cers, 20.  30,    10 

Two  Field  Officers  allowed  certain 
Battallions  of  Volunteers, 30 

Assistant  AdjutantsGeneral  may  be 
appointed  for  Volunteer  Forces, ..30 

Their  rank  and  pay 30 

Surgeons  and  Assistant  Surgeons  in 
the  Provisional  Army  for  the  Hos- 
pitals  32 

Provision  for  the  payment  of  horses 
purchased,. 34 

Volunteers  lor  local  defence  and  spe- 
cial service, 34.  35 

Cooks  and  Nurses  for  the, 30 

Corps  of  Artillery    increased, 36 

Military  Store  keepers  of  Ordnance 
to  be  appointed 36 

Also,  Superintendents  of  Armories 
and  Master  Armorers, 36 

Aids-de  camp  for  Presdt's  Staff",  36.  56 

Additional  Sergeants  allowed  each 
company, 3G 

Adjutants  of  regiments  and  legions 
of  the  grade  of  Subalterns  maybe 
appointed 41 

Reception  and  forwarding  of  articles 
sent  to  the  army  by  private  contri- 
bution,  41 

Rations  allowed    Chaplains,. . .  .41,  64 

Drill-Masters  appointed  by  Slates,  to 
be  honorably  discharged  on  appli- 
cation,   41 

Bread  and  vegetables  to  be  furnish- 
ed  41,42 

0 (Fleers  tQ  ajfix  s!giiature  of  Presi- 
dent to  Commissioners, 43 

Appointment  of  Chief  Bugleror  Prin- 
cipal Musician, 43 

Bounty  and  Furloughs  to  privates, 
musicians,  and  non-commissioned 
oilicers, 43 


Transportation 43 

Commutation  value  in  money  of  the 
transportation    in    lieu    of     fur- 
loughs,  43,  44 

Re-organization  of  troops  re-volun- 
teering or  re  enlisting  at  the  expi- 
ration   of   their   j>re5ent  term  of 

service, 44 

Vacancies,  how  filled, 44 

Oilicers  in,  rendering  service  before 

receiving. their  commission, 44 

Their  rank  and   pay, 44 

Recruiting  and  enlisting  of  men  for 
companies  reduced  by  casual- 
ties,  44,  45 

Appointment  of  otlicers  of  Engineers 

in  the  Provisional  Army, 45 

Their  rank,  pay.  and  emoluments,.  .45 
Temporary  rank  and  command  upon 
officers   of   the   army,  on    duty    in 

certain  bureaus, 45,  -46 

When  such  appointments  to  cea««e,  46 
To  be  held  without  prejudice  to  their 

positions  in  the  army, 46 

Provision  for  the  payment  of  Indian 

troops, 4G 

Volunteers   may  be  accepted  singly 

as  well  as  in  companies, 17,  48 

Appointment  of  field  and  com  pany  of- 
ficers under  Act  to  raise  additional 
Military  Force  to  serve  during  the 

war, 43 

Vacancies  filled  by  promotion, 48 

Vacancies  in  the  ranks  of  companies 

may  be  filled  by  Volunteers, 48 

Officers,  etc.,  may  be  detailed  to  re- 
cruit for  companies, 48 

When  recruits  to  be  mustered  in, ..48 
Transportation, subsistence, and  pay,  48 
Appointment  of  persons  as  field  offi- 
cers or    captains,    to    raise    regi- 
ments, companies,  etc., 4S 

Pay 48 

When  appointments  to  expire 48 

When  enlistments  undercommission 

of  Captains  not  obligatory, 49 

Appointment  of  officers  of  .Artillery 
intlie  Provisional  army,  and  in  the 

voluiUeer  corps, ■ 49 

President  authorized  to  call  on  tho 
States  for  troops  to  serve  for  lliree 

years  or  during  the  war, 49 

Troops  to  be  eijualized  among  the 

States, 19,  50 

Provision  for  recruiting  companies, 
now    in    the  service     for   twelve 

moiiths,  50 

Term  for  which  militia  called  into 
service  not  to  apply  to  certain  men 
drafted  into  service  by  (he  Siatf>s,  51 


TILE   INDEX. 


Ill 


O/Hcersappo'ted  to  raise  certain  com- 
panies, battalions  and  reginieots,  to 

he  olHi;ers  of  the  sarne 52 

Commissions  of  such  otTicers   made 

absolute, » 02 

Organization  of  the  Maryland  Line,  52 
Rank  of  certain  officers  fixed,....  52 
Increase  of  the    quartermaster  and 

commissary  departments 53 

Pay  and  allowances  due  to  deceased 

soldiers, 53,  7(5 

Date  at  which   liounty  shall  be  paid 

to  soldiers  enlisting  for  the  war,  ..54 
Army  officer,  appointed  Secretary  of 

War  not  to  lose  his  ranlc, 55 

Corps  for  the  defence  of  Mobile  bay 

and  the  Alabama  river.     Officers  ; 

their  rank  and   pay, 56 

Stall'  and  clerical  force  ot    General 

wiio  may    be  assigned   to  duty   at 

scat  of  government, 50 

Their  pay  and  allowances, 60 

OHiccs,  feul,  etc,,  to  be  provided,..  56 
Additional  aids-de-camp  allowed  the 

President, 56 

Their  rank,  pay  and  allowances,..  56 
Act  of  March  6th,  1861,  amended  to 

make  it  apply  to  companies  rec'ed 

into  the  service  for  duty  as  Heavy 

Artillery 57 

Same  act  and  the  act  of  May  10,  1801, 

to  extend  to  companies  of  i>ight  and 

Heavy  Artillery,  now  in,  or  which 

may  be  received  info  the  service.  57 

Companies,  etc.,  of  troops  to  be  organ- 
ized and  armed  with  oikes  or  other., 
available  arms, 57 

To  serve  as  infantry  or  be  attached  to 
other  regiments    in  the  service,.   57 

Men  may  be  detailed  from  such  com- 
panies to  fill  vacancies  in  compan- 
ies armed  with  fire-arms, 57 

All  wiiite  men,  residents  of  the  Con- 
federate States,  between  the  ages 
of    is  and  35  years,  placed  in  the 
military  service, 58 

Those  now  in  the  army  continued  in 
the  .service, 58 

Reorganization,  of  companies,  etc., 
whose  term  of  enlistment  was  for 

twelve  months, 58 

Furloughs  may  be  granted, 58 

Com  mutation, 59 

Pers  ns  now  enrolled,  under  the  age 
of  18  or  over  35  yea^s,  required  to 

remain  for  ninety  days, 59 

Laws  providing  *or  the  re-enlistment 
of  volunteers  and  organization  there- 
of repeakd, TiO 


Companies,  etc., with  number  of  men 
requisite  for  orfrauization  enrolled, 
to  be  musteicd  into  service, 59 

Enrollment  of  men, 59 

Persous  enrolled  assigned  to  com- 
panies in   the   service  from  the 
Stales  which  they  come, 59 

Transfer  of  seamen  from  land  for- 
ces to  the  naval  service, 59 

Excess  of  enrolled  persons  kept  as  a 
reserve, 59 

Details  from  the  reserve  to  keep  each 
company  to  ics  maximum, GO 

Reserves  may  remain  at  home, GO 

Not  to  receive  pay,  nor  be  subiect 
to  rules  and  articles  of  war, GO 

When  the  entire  reserve  may  be  call- 
ed  into    actual  service, .,  60 

Organi.Tation, 60 

Election  of  officers GO 

Iroops  raised  in  different  States  not 
to  be  com  bined, 60 

Bounty, 60 

Pay  for  private  arms, 60 

Substitu»ep  allowed, 60 

Vacancies  to  be  filled  by  the  Presi- 
dent from  the  companies,  etc,,  in 
which  they  oci-ur  by  promotion 
according  to  seniority, 61 

Election  of  officers  for  regiments, 
etc.,  coinpused  of  13  months  and 
war  companies, 61 

Complement  of  infinty;  field  artil- 
lery; cava  ry, 61 

Persons  subject  to  enrollment  may 
voluutecr, .• Gl 

Act  to  organize  a  signal  corps, 61 

Number  of  ordnance  seargcants  in- 
creased so  as  to  provide  one  for 
each  regiment, . . . . ; 62 

Appointment  of  drill-masters  for 
camps  of  instruction, 63 

Payment  of  officers  of  the  Virginia 
militki  for  services  rendered, 63 

Companies  with  less  than  The  mini- 
mum number  of  men,  already   in 
the  service,  recognized  as  if  duly    * 
organized 64 

Rank  of  the  officers  of  such  compan- 
ies,   64 

Pay  and  rations  of  the  officers  and 
men, 64 

Drunkenness  of  commissioned  offi- 
cers in  the  army,  punished 64 

Duty  of  all  officers  to  make  report 
thereof, 64 

Court  for  the  trial  of  oflfenders,   64,  G5 

Bunds  of  Partizan  Rangers, 05 

Pay  rations  and  quarters, 65 

Entitled  to  the  full  wilue  of  arms,  etc., 

captured, 65 

Enlistment  of  cooW," 05 


IV 


THE   INDEX. 


Their  duties, 65 

Mav  be  wliiteor  black,  free  or  slave 
persons, , 65 

Aijpoiuimcnt  of  additional  officers  in 
the  Engineer  corps  of  ihe  Provis^ion- 
al  Army, 66 

Ai)poinluieut  of  officers  of  artillery  of 
the  rank  of  captain  and  first  lieuten- 
an  I  in  the  Provisional  Army, 66 

Act  to  organize  battalions  of  sharp- 
shooters,   67 

Companies,  etc.,  which  have  been  or- 
pranized  or  are  in  service  under  State 
authority,  may  be  acceptt-d, 67 

Persons  exempted  from  military  ser- 
vice  67,  68,  8:3,  87 

Vacancies  in  companies,  battalions, etc. 
how,  and  by  whom  tilled, 68 

In  I  he  low'St  grades  of  commissioned 
olMcersofa  compjiny  lilled  by  elec- 
tion,   68 

President  may  fill  vacancies  by  the  pro- 
motiwn  of  officers  or  privates  for  dis- 
tinguished services, 68 

Appoiniincnt  of  additional  officers  of 
artillery  for  ordnance  duties, 69 

Organization  of  divisions  into  army 
corps, 60 

Each  army  corps  to  be  commanded  by 
a  Lieutenant  General, 6U 

Transfer  of  privates  and  non  commis- 
sioned officer.^. 69,  70 

Rank  conferred  on  officers  of  the  en- 
gineer corps 70 

?^umber  of  officers  in  each  grade  limi- 
ted    70 

All  while  men,  residents  of  the  C.  S. 
between  the  ages  of  35  and  45  years, 

■  placed  ill  the  military  service,...   70 

Also  all  persons  who  may  hereafter  be- 
come 18  years  of  age, 71 

To  serve  their  full  time, 71 

\Yhere  all  not  required,  who  to  be  fir-t- 
culled  out, 71 

Disposition  madeof  persons  called  into 
the  military  service 71 

Susi)ension  of  conscript  acts  in  cer- 
tain l(jca  ities, 71 

When  soldiera  in  the  service  may  be 
af^signod  as  nurses  and  ward-mas- 
ters,     73 

Apj)ointnient  of  adjutant  of  the  grade 
of  subaltern  for  independent  battal- 
ions,    74 

Rank,  j'iiy  and  allowance, 74 

Soldiers  transferred  to  be  furnished 
with  transportatiiui, 75 

Campd  ol  instruction  for  enrolled  per- 
sons,   77 

Soldiers  to  be  provided  with  cloth- 
i"}?, 77 

To  be  paid  the  money  value  of  clothing 
due  them  at  the  end  Jcf  the  year,  77 


Machinery  or  materials  for  the  manu- 
facture of  clothing  and  shoes  for, 
may  be  imported   duty  free, 77 

May  be  worked  on  ijovernment  ac- 
count, or  leased  or  sold, 77 

Privilege  of  this  act  extended  to  com- 
panies or  individuals, 77 

Clothing  for  the,  may  be  of  such  col- 
or and  (pvaliiyas  may  be  obtained,  78 

Assistant  Adjutant  (Jeneral  added  to 
the  Adjutant  and  Inspector  Gener- 
al 8  depanment, 83 

As  to  organization  of  mililary  courts 
to  attend  the  army  into  the  field,  see 
title  MiWan/  Courts^  and 78,  80 

Per.-ons  may  be  detailed  from,  for  the 
manufacture  of  shoes  for  the  army,  80 

Their  pay, 80 

Regiments    or  battalions  organized 
prior  to  Oct.  1,  1862,  though  com- 
posed in   p;»rt  of  persons  between 
the  atft's  of  18  and  35  years,  may  be 
received  into  the  service, 81 

Those  organized  after  that  time  not  to 
be  reeei*«d,  except  in  Slates,  etc., 
where  the  conscript  law  may  be  sus- 
pended,    81 

Regiments  or  battalions  organized  of 
ooiiseripts  of  any  the  S  ates  west  of 
the  Mississippi  river,  may  be  receiv- 
ed   81 

President  may  accept  companies,  etc., 
of  infantry,  ruised  before  Dec.  1,  1862, 
wiihin  the  limits  of  luiddle  and  west 
Tennessee, 81 

Elee  ion  of  the  officers, 81 

Vacancies  filled  by  the  President,. .  81 

May  also  accept  companies,  etc,  from 
ceriaiu  counties  in  North  Carolina 
exposed  to  the  iucursions  of  the 
enemy, 81 

Act  of  May  8,  1861,  authorizing  the 
Piesidont  t'»  accept  the  services  of 
volunteers  without  retrard  to  the 
place  of  enlistment,  Ac,  to  Imve  full 
effect  in  certain  States  and  dis- 
tricts,     83 

President  may  appoint  major  and  brig- 
adier generals,  with  their  stall's,  and 
the  field  eoinpany  and  ^  talfolHt'ers  to 
r^-ginienls,  etc.,  before  the  saaie  are 
or^a nixed,     *. .  82 

Commissions  of  the  officers  may  be 
vacated,  if  reginiciUs.  etc.,  not  com- 
pleted within  a  reasonable  time,.   82 

Pay  of  the  ollicers, 83 

Of  what  number  companies  of  the  dif- 
ferent arms  of  the  service  to  con- 
sist,  83 

Bounty  secured  to  soldiers  and  officers 
tiiou;.^li    dead  or  discharjjed,  to  be 
paid  as  other  arrearages, 83 


THE   INDEX. 


As  to  proceedings  to  determine  the 
qualifications  of  olFicers  of  the  ar- 
my, and  filling  of  vacancies  where 
any  o/ficer  is  dropped  or  retired, 
see  title  Examiv? g  Board  and,  88,  89 

Bestowment  of  medals  and  badges  of 
distinction  as  a  reward  for  courage 
and  good  conduct   on  the  field  of 
battle, 90 

How  soldiers  best  entitled  to  receive 
such  distinction  to  be  chosen,. . .  90 

His  name  to  be  communicated  to  the 
President, 90 

How  badges  are  disposed  of  when  the 
award  falls  on  a  deceased  soldier,  90 

As  to  the  protection  of  the  rigllts   of 
owners  of  slaves  taken   by  or  em- 
ployed in  the  army,  sec  title  S/aves, 
and 90,  91 

Formation  of  volunteer  companies  for 
local  defence, 91 

Such  companies  considered  as  belong- 
ing to  the  provisional  army, 91 

President  authorized  to  increase  the 
appointment  of  general  officers  in 
the  provisional  army, 92 

Army  Corps. 

Organization  of  Divisions  into 69 

Each  army  corps  to  be  commanded 
by  a  Lieutenant  General, G9 

President  authorized  to  organize  di- 
visions of  the  piovisional  army  in- 
to army  corps,  and  to  appoint  the 
officers  thereof, 76 

"When  commanders  of,  may  detail  an 
officer  to  perform  the  duties  of  judge 
advocate  for  military  courts,. ...  79 
Army  Intelligence  Office. 

Commutation  in  lieu  of  quarters  al- 
lowed superintendent  of,  and  his 
clerks, 87 

Extra  pay  allowed  clerks,  increased,  87 
Arrests. 

When  notice  of,  to  be  given  judge 
advocate, '. SO 

President  to  cause  proper  oflicers.to 
investigate  the  cases  of  all  persons 

arrested, .^ 87 

Article^of  War., 

Establislied  by  the  laws  of  the  Confed- 
erate States,  declared  to  be  in  force, 
except,  &c., 12,  13 

%rtillery. 

Corps  of. S 

Charged  with  Ordnance  duties,. ...     8 
Of  what  officers,  <kc.,  to  consist.  8.  11 

5 


Companies  of  Light  Artillery  with 
officers  and  equipments  may  be  re- 
ceived into  the  service, 17 

Corps  of,  inc. eased 36 

Appointment  of  officers  of,  in  the 
Provisional  Army,  and  in  the  vol- 
unteer corps, 49 

Acts  of  March  6th,  and  May  10,  1S61, 
extended  so  as  to  apply  to  compa- 
nies of  light  and  heavy  artillery,.  57 

Appointment  of  officers  6f,  of  the 
rank  of  Captain  and  First  Lieuten- 
ant, in  the  Provisional  army,. ...  66 

Number 66 

Appointment  of  additional  officers  of 
for  Ordnance  duties, 69 

Badges  a7id  Medals., 

Of  distinction  ;  bestowment  of,  as  a 
reward  for  courage  and  good  con- 
duct on  the  field  of  battle, 90 

How  soldiers,  best  entitled  to  receive 
such  distinction  to  be  chosen,. ...  90 

His  name  to  be  communicated  to  the 
President, 90 

How  badges  disposed  oi  when  the 
award  falls  on  a  deceased  soldier,  90 

Bakeries, 

To  be  established, 42 

Board  of  Examiyiatiov, 
Of  enrolled  men,  to  be  established  in 
each  Congressional  district.....  82 

Bombardiers. 
Company  of,  added  to  military  estab- 
lishment,  25 

Bonds  J 

Ofofficersof  the  quartermaster's  and 

commissaries  departments,...   7,  12 
Of    military  store-keepers  of    Ord- 
nance,   36 

J  Bounty. 

Allowed  for  each  person  on  board  any 
armed  ship  or  vessel  of  the  United 
States,  burnt,  sunk  or  destroyed,  21 

To  enlisted  men  in  the  army, 24 

When  allowed  for  prisoners  captured 
on  vessels  of  the  enemy, 28 

Granted  to  privates,  musicians,  or 
noncommissioned  ofilcers, 43 

To  recruits, 48,  50 

To  State  troops  who  le-e^^liet  in  Jhe 
service  of  the  C.  S., 51 

Date  at  which  to  be  paid  to  soldiers 
enlisting  for  the  war, 54 

Secured  to  soldiers  and  officers, 
though  dead  or  discharged,  to  be 
paid  as  other  arrearages, 83 


VI 


THE   INDEX. 


Soldiers  continued  In  service  under  the  CommhKarifS. 

Conscription  act  to  receive  bounty,.    .     60 1  Commissary  Generars  Department  organ- 
Pay  of  the  deceased  soldiers, 58,  76      ized 3,  4, 14 

^Pfficl  'Commissary   General's    Department    in 


For  the  army, 41,  42 


creased, 


23 


BualerK  .When  additional  commissary  may  be  ap- 

Appointmect  of  cbiel  Bugler  to  each  reg-         !     pointed, » 

imentln  the  army,. 43  Bond,.  •••••.•;•  V,"    •„,• *' 1^ 

Cadeii  Accounts  of,  of  certain  Indian  Troops,....    46 

Appointment  of, ' 24  '^^,II"*^"/„'"*"*  "^  *^  permanent  post*  and 

Fi  om  North  Carolina  Institute,  acting  with 


first  regiment  of  voluntee  s  from  that 

State,  to  be  mustered  into  service, 29 

Pay  of, 2t,  8S 

Promotion, 24 

Cavipft. 
Of  inBtrnction  to  be  established  for  enroll-  „         ,     »  >  1 1-  .  »■      » 

ed  persons.  77  ^^'^P*-''''  "^  ^*w  providing  commutation  for 

'  ^ .     clothln?, 

Allowed  Fnperintendents  of  army  intelli- 


depots, 63 

Not  allowed  clerks, 58 

Persons  from  the  ranks  may  detailed  to 

serve  in  their  oflices, 53 

Commutation. 

In  lieu  of  furloughs, 48,  44 

For  clothing, 26,  88 


Officers  to  he  appointed  toaujierintend  the 
Bitne,  their  rank  and  piiy   77 

Only  those  who  are  fit  for  military  duty  to 
attend,    82 

Catalry, 
Of  what  officers,  &c.,  each  regiment  of,  to 

consist, 


I     gence  office  and  his  clerks, 87 

ComptnMatiov. 
Pay  and   allowuncts  of  lorces  received 

from  the  !>tate8,  or  volunteers 5 

Of  army  officers, 9, 11,23 

Of  enlisted  men  of  the  army, 11,  23 


Additional  regiment  of,  authorized 23i^)f  master  armorers,  blacksmiths,  carriage 

Chaplains.  makers,  Ac.  attached  to  the  corps  of  ar- 

Appolntment  of, 1ft,  25      t iilery, 11, 12 

Monthly  pay, 16,  25,  64  Of  chaplains, 15,  25,  64 

Rations, 41,64  Of  officers  and  privates  of  regiment  of 

Claims.  Zouaves 15,16 

Of  certain  officers  to  be  audltei  by  Secre-         ^^  additional  corps  of  engineers, 23 

tary  of  War, 47  <^f  military  storekeepers, 28,^4 


Due  to  deceused  non-commissioned  offi- 
cers and  privates,  may  be  paid  without 


Of  Cadets 24,  SB 

Of  Hospital  Stewards, 24 


producing  pay-roll, 76  ^'  cooks  and  nurses, 35,  65 

Of  deceased  commissioned  officers  paid  in  Of  officers  and  private*  of  companies  of 

same  manner, 76      sappers,  and  bombardiers, 25 

Clerical  force  in  Second' Auditor's' office  Of  officers   of   corps  for  the   defence  of 

increased   for  the  adjustment  of  such        '     Mobile  bay  and  Alabama  river, 56 

claims, i^g  Of  additional  aids-de-camp  on  the  Presi- 
dent's staff, 56 


Clerks, 

Of  military  courts, 79 

Salary, 79 

Additional  clerks  In  bureau  of  Quarter- 
master Gen^'ral, 63 

Clothinff, 

for  the  army, 12,83,  77 

Allowance  in  lieu  of, 26,  8S,  77  Of  additional    clerks  authorized   in   the    - 

Allowed  for  the  use  of  the  sick  while  .in  bureau  of  the  Quartermaster  General,..     63 

hospitals,. 72  Of  master-annorers  Increased 63 

To   be   drawn   upon   the  wrltti'n  requlsi-  Of  LleutenantGeneral  of  army  corp',. . .     69 
sition  of  the  Surgeon  and  kept  for  the  Ofniatrons,  cooks,  nurses  and  ward-mas- 
use  of  the  hospital, 72      ters  of  hospitals 72,78 

Surgeon  to  account  for,  as  for  the  public  Of  adjutants  for  independent  battalions,    74 

property, 72  Of  officers  appointed  to  superintend  camps 

Soldiers  to  be  paid  the  money  value  of,  of  instruction, 77 

due  them  at  the  end  of  the  year, 77!  Of  members  and  officers  of  military  courts 

Repeal  of    law   providing    commutation  I     to  attend  army  corps  in  the  field,.  ....78, 79 

for, 77 1  Of  persons   detailed   from   the   army   to 

Machinery  or  materials  for  the  manufac-  I     njanufacture  shoes  for  the  army, 80 

ture  of,  for  the  army,  may  be  imported  \0{  officers  of  regiments,  &c.,ai)pointed  be- 

duty  free, • 77;     fore  the  same  are  organized 82,  83 


Of  military  Secretary,  aid-de-camps   and 
clerks  on  staff  of  the  General  assigned 

to  duty  at  the  seat  of  government, 66 

Of  colored  persons  employed  as  musicians,    58 

Of  drill  masters,. 62 

Of  officers  of  the  Virginia  militia  for  ser- 
vices rendered  the  Confeilerate  States,  62,  60 


May  be  marked  on  government  account  or 
leased,  or  sold, 77 

Privilege  of  this  act  extended  to  compan- 
ies or  individuals,   77 

May  be  of  &uch  color  and  quality  ae  may 
be  obtained, 77 


Of  clerks  iu  Army  Intelligence  oflice,  in- 
creased,  -y 87 

Conacripiion.—iSee  Army)..M,  61,  70,  71 

Contempts, 
Punishment  for,  by  military  courts, 79 


THE   INDEX. 


Yll 


Cooks, 

Employment  of,  for  the  military  service,  35 

Appropriation  for, S 

Enlistment  of,  in  the  army 65 

Duties, 65 

May  be  white  or  black,  free  or  slave  per- 
sons,   65 

P»y, 85,65 

May  be  employed  for  hospitals, 73 

Their  pay,  73 

Cottri?.— (See  Military  Courts.^ 
For  the  trial  of  commissioned  officers  in 

the  army  for  drunkenness, 64 

Findings  of,  to  be  reported  to  Secretary  of 

War,  and  I  y  him  to  Consress, 65 

Crimes  and  PunUhments. 
Punishment  of  commissioned  officers  for 

drunkennesss, 64 

Of  contempts  by  military  courts, •    79 

Deceased  Soldiers  and  Offlcers. 
Pay  and  allowances  to  deceased  soldiers, 
non-commissioned  officers,  musicians. 


Appointment  of  additional  officers  in  the 
Engineer  corps  of  the  Provisional  army,    6C 

Rank,... 66,  70 

Number, 66,  70 

Enrollment 

Of  persons  under  the  original  conscription 
act, V 69 

By  whom  to  be  made, 69 

Persons  subject  to,  may  volunteer  pre- 
vious to  enrollment, 61 

Of  persons  under  the  amended  conscrip- 
tion act, 70,  7 

Persons  subject  to,  may  enlist  in  the  ma- 
rine corps 75 

May  be  enrolled  for  service  in  the  navy 
or  marine  corps  at  any  time  before  as- 
signment to  any  company, -. 75 

Duty  of  enrolling  officer 75 

Camps  of  instruction  for  enrolled  per- 
sons,      77 

Persons  subject  to,  may  be  enrolled  where 
ever  found,  78 


and  privates, 68  Act  not  to  extend  to  members  of  military 

May  be  paid  without  producing  pay-roll,    76  j     organizations  under  State  laws, 78 

Of  deceased  commissioned  officers  paid         Suspension  of  act  as  to  residents  of  cer- 

in  like  manner, 76      tain  localities,   78 

Departments.                            Places  of  rendezvous  for  enrolled  men 
Organization  of  Adjutant  and  Inspector        |     establifhed, 81 

GeneraPs  Department, 8,  14  Persons  enrolled  to  be  examined  by  a 

Organization  of  Quartermaster  GeneraPs        j     surgeon, ^. 81 

Department, 8,  14  Surgeon  to  give  notice  of  the  time, 81 

Organization  of  Commissary  Generals  De-        iDecisionof  surgeon  taken  as  final, 82 

partment., 4,  14  Board  of  examination   for  enrolled  per- 


sons, how  constituted, 82 

Provision  as  to  persons  unable  to  attend 
places  of    rendezvous   on   account  of 

sickness,' 82 

When  held  liable  as  wil*io'ut  leave, 82 

Evidence. 


Organization  of  Medical  Department,..  .4,  14 
Quartermaster    General's,     Commissary 
t  General's  and  Medical  Department,  in- 
creased,    23 

Depots 
For  recaptured  slaves  to  be  established,.  90 
Public  notice  to  be  given  of  the  places  se- 
lected   90  Perpetuation  of  the  testimony  of  the  de- 
List  of  the  slaves  in,  to  be  published, 90      struction    of  property  under  military 

Emplovment  of  slaves 90      necessity 55 

When  they  may  bo  removed, 90 leaking  of,  in  cases  before  military  courts    79 

Their  subsistence  to  be  provided  for  by  |                      Examining  Board 

tne  i-resideni, . . . . .  •.•••••• »1 ,  To.  determine  the  qualifications  of  offi- 

f..  ,  ^eavuciwn  j     cers  of  the  army 8& 

Of  property  under  military  necessity, ...     55  g    ^^om  appointed .     85 

fn^^^lTToln^'r"""^"^ ''Sutle^*of:!!'".^!?T^^^^        •••     tl 


Indemnity  to  owners. 65 

Drillmasters 
Appointed  by  the  States  to  be  honorably 

discharged, 41 

May  be  appointed  for  camps  of  Instruc- 
tion or  reserve  forces, 62 

Pay, 62 

Drunkenness 

Of  commissioned  officers,  how  punished,  64 

Duty  of  all  officers  to  make  report  thereof,  64 

Court  for  trial  of  offenders, 64 

Findings  of  the  Court, „ 65 

Duties. 
Machinery  or  material  for  the  manufac- 
ture of  clothing  and  shoes  for  the  army, 

maybe  imported  duty  free, .'.•   77 

Engineers. 

Corps  of,  of  whom  to  ccnsist 7,  8 

Officers, ." 8 

Duty  of  Colonel, 8 

President  may  add   to   the  corps  of,  one 
Lieutenant  Colonel  and  five  captains,..     23 


Decisions  and  proceeding  of,  to  be  com 
municated  to  the  general  commanding 
the  department, 88 

Officer  pronounced  unfit  for  his  position 
may  be  suspended  by  the  general, 88 

Proceedings  in  such  case  to  be  transmitted 
to  Secretary  of  War, 88 

Officer  entitled  to  make  defence S8 

Finding  of,  if  approved  by  the  Secretary 
of  War,  to  be  laid  before  the  President^    88 

President  may  retire  honorably  or  drop 
f'om  the  army  the  officer  found  unfit,. .     88 

Officers  commanding  regiments,  separate 
battalions,  etc  to  maVe  monthly  reports 
of  the  conduct  of  commissioned  officers 
under  their  respective  commands, 88,  89 

Printed  forms  of  reports  to  be  furnished,    89 

Promotion  to  fill  vacancies  where  any  offi- 
cer is  dropped  or  honorably  retired,....     89 

Competency  of  officers  to  fill  vacancies, 
how  ascertained, 89 


Till 


THE  INDEX. 


If  no  ofTicer  be  competent,  the  President 
may  fill  the  Tacancy, d...     89 

Ofli-er  appointed  to  be  fi-om  the  State  to 
which  the  company,  battalion,  etc.,  t)e- 
lonffs, 89 

Vacancies  in  ref^inentsorbattaliong  orpan- 
ized  under  State  laws  to  be  filled  as  in 
case  of  death  or  resiffnalion, 89 

Srevipta. 
Persons     exempt     from     military     ser-        i 


Sick  or  wounded  soldiers  to  be  sent  to  ho§- 
pitals  representing  the  State  In  which 
they  reside, 78 

Nurses,  cooks,  etc.,  to  be  paid  monthly; 
by  whom  and  how, .* 78 

Infantry, 
Of  what  officers,  Ac,   each   regiment  of, 

to  consist, 8 

Two  additional  res:! men ts  of,  authorized,    28 
Jnrention«, 


^'ce, 67,  6S,  S4,  87  Inventors  of  any  new  kind  of  armed  ves- 

Exemntlon  act  of  April  21,1862,  repealed,    87      sel,  floatinjj  battery  or  defence  to  have 

Filter,  Forfeiture*,  and  PennUi^.  :     exclusive  rl^ht  thereto 27,28 

Infliction  of  penalties  by  military  courts,  79,  80  Of  machines  for  destroying  the  armed  vea- 

Punishnient  for  contempt  by  said  courts,    79,     sela  of  the  enemy, •  .     66 

Floatitig  BatUriea.  Inventor  allowed  fifty  per  cent.,  of  the 

Bight  of  inventors  of, ' 27,28      value  of  the  property  dest'oyed, 66 

Forage.  i  Judge  Advocate,    ■ 

Allowance  of, 10  11  26  ^'^  "'^  appointed  for  military  courts  that 

Fuel, '      '  attend  army  corps  in  tho  ield, 78 

Allowance  of, 10, 11  '^'*"'^  »"'l  P»y» ^8 


Farl<)itghA. 

To  privates,  musicians  and  non-commis- 
sioned oflicera,; 4.<? 

Allowance  in  lieu  of, 48,59 

To  State  troops  who  re-en'ist,  in  the  ser- 
vice of  the  Confederate  States, 44,  54 

To  persons  retained  in  the  service  beyond 
the  period  of  their  original  enlistment,    58 
Habeas  Corpus, 

Writ  of,  suspended, 55,  87 

Proper  orticers  to  be  appointed  to  1  iveitl- 
gate  the  cases  of  persons  arrested, 87 

Continuance  of  act, S7 

Horses, 


Allowance  for  the  use  and  risk  of, . .   .      6.  26  «  1"^,',.  ' ;  " ;. ; V  lil'"!' 

Allowance  to  volunteers  for  hors;s  killed'' '' P^^;;;;?!  ,^;,,^^^^^^^^  '''  clothing  to 

in  battle «   ,  *5"'"'t.       ^'  ,1'..  ' ' '  IL" '  V  z    'A'i:' 


Foras*  for, 10,  11,  26 

Purchased  for  the  army  by  Col.  McDon- 
ald to  be  paid  for, 84 

Hospital  Stewards, 

Enlistment  of, 24 

Pay  and  allowances, :   ...     24 

Hospitals, 
Appointment  of  surgeons  and  assistant 

BurReons  for, 82 

Appropriation  for  military  hospitals, 86 

Commutation,  value  fixed  of  rations   of 

soldiers  in, 1 71 

Hospital  fund ;   of  what  ccnstituted,  by 

whom  held,  and  how  appropriated,. . , .     71 
Increase  of  fund  over  certain  amount,  to 

to  be  paid  into  the  treasury, 71,  72 

Crtmniissary  to  account  for  funds,...,..,.     72 


Term  of  office, 78 

Appointment?  may  be  madejdurlng  recess 

of  the  Senate, 80 

Juritsdiciion, 

Of  military  courts, ; 79 

Laundresses, 

May  be  employed  for  Military  Hospitals,    42 
Ldws  of  fie  Confederate  States. 

Certain  law  of  U.  S.  in  relation  to  pur- 
chase, &c.,  of  arms  and.  military  sup- 
plies which  are  of  a  patented  invention, 
suspended, 24 

Providing  for  the  re-enlistment  of  volun- 
teers and  the  jorganizatlon  thereof,  re-   ' 
pealed, 69 


77 


Act  of  May  8,  1801,  authorizing  the  Pres- 
ident to  accept  the  services  of  volun- 
teers without  regard  to  the  place  of 
enlistment,  Ac,  to  have  full  effect  in 
certain  States  and  district*, 82 

Exemption  act  of  April  21, 1862,  repealed,    87 
Lieutenant  General, 

To  be  appointed  to  command  army  corps,    69 

To  receive  pay  of  Brigadier  General, 69 

Local  Defence. 

Acceptance  of  volunteers  for  the  defence 
of  exposed  places  or  localities,  or  for 
special  service, 84 

Muster-roll  to  set  lorth  the  services  to  be 
performed, 85 

When  such  volunteers  considered  in  ac- 
tual service, . .     85 


Likewise  sur;reons  and  assistant  surgeons    72  ^^*^''"  1*'^^  """  subsistence, 85 


72 


Account  to  be  verified  by  vouchers, 
Transportation   of  supplies  for,  by  rail- 
roads and  boats, 72 

Clothing  allowed  each  hospital, 72(_  i  i.       i     i  ■  oi 

Matrons  and  female  attendants  allowed.     72  '*"''-'»  »""  Kegulatlons,. vi 


How  organized, 85 

Field  officers  appointed  by  the  "President^  85 

Volunteer  companies  for, 91 

Of  what  persons  composed, 91 


Their  duties  and  pay   72,  7") 

Surgeons  and  assistant  surgeons  may  em- 
ploy other  nurses,  cooks  and  ward-mas- 
ters      78 

Their  pay, 78 

When  spjdiers  in  the  service  may  be  as- 
signed as  nurses  and  ward-masters,....     73 
To  be  nun\^ered  as  hosjjitals  of  a  particu- 
lar StJite, 78 


Musterroll  to  be  sent  to  Secretary  of  War,    91 

Com  panics  may  be  disbanded, 91 

Oath, 91,92 

Lumherton  Guards, 
When  President  authorized  to  discharge 

said  company, .*. 42 

Murine  Corps, 
Persons  subject  to  enrollment  for  military 
service  may  enlist  in, 75 


THE   INDEX. 


IX 


Enlistment  mfty  be  at  any  time  before  as- 

Bigiimeiit  to  any  company, 75 

Marque  H7id  Repi  Ual, 

Act  concerninp>iette''s  of, 17,  28 

Maryland  Line, 

Organization  of, 5| 

Jfatrons.  ' 

Allowed  hospitals, 72,  73 

-l^uties  aud  pay,  12,  13 

Medals  and  Badges.  1 

Bestowmcnt  of,   as  a  reward  for  courage 

and    good    conduct    on  the    field    of 

-battle, 90 1 

How  soldiers  best  entitled  to  receive  such         j 

distinction  to  be  chosen. 90  I 

His  name  to  be  communicated  to'  the  Pres-        I 

ident OO 

How  badge  disposed  of,  wliea  the  award        i 

falls  on  a  decensed   soldier, 90 

Medical  Department, 

Organized, 4 

Increased .' 28 

Hospital  Stewards  may  be  enlisted  for,..     24 

Pay  and  aJlowances. ....... .         24 

Mileage: 
All07cd  officers  traveling  under  orders,    11 

Military  Courts. 

To  be  organized, 78 

To  consist  of  three  members.    Quorum,  78 

Rank  and  pay,.   ..    78 

Appointment, 78 

Term  of  office : 78 

Judge  Advocate  for, 78 

Rank  and  pav, 78 

Term  of  office, 79 

When  comm  nder  of  the  army  corps  may 
detail  an  oflicer  to  perform  the  duties  of 

«T>idpe  .Vdvocate 79 

Provost  marshal  to  be  appointed  for, ....  79 

Kank  and  pay, 79 

Also  a  clerk, .'. .  79 

His  salary  and  duties 79 

Term  of  office  of   provost  marshal  and 

clerk, ; 79 

Oath    of   members   and  officers    of   the 

court, 79 

Rules  of  court, 79 

Punishment  for  contempt  of  court, 79 

Taking  of   evidence,  attendance  of  wit- 
nesses, and  enfi  rcciuent  of  orders,  etc.,  79 

Jurisdiction, 79 

Inlliciion  of  pemltle",.. 79,80 

When  notice  of  the  arrest  and   otTence  to 

be  given  the  Judge  Advocate, 80 

To   attend   the    army,  have  appropriate 

(Ifliart  rs,  and  to  be  always  open,. ....  80 
Final  decisions  of,  subject  to  review,  mit- 
igation and  suspension, 80 

Military  Kstahlishmfnls.    (See  Army.) 

Military  Operations. 

President  to  have  control  of  in  the  States,  6 

Military  Store-ke  pera. 

A  ppointment'of, 23 

Appointment  (  f,  of  ordnance, 36 

Pay  and  allowances, 23,36 

Militia. 

May  be  cmpl  )ycd  by  the  Prosident,. . ...  5 

How  long  to  serve ».     ....  6 

Supplying,  quarteryig,  and  transportir  g 

of, 7 


I  Term  for  which,  called  into  service,  not 
to  apply  to  certain  men  drafted  into 
service  by  the  States, . . . .  :   51 

Payment  of  otticers  of  the  Virginia  Mili- 
tia for  services  rendered  the  Conftder- 
ate  States,  62 

Payment  of  stafiF  officers  of  the  Virginia 
Militia 6d 

No  payment  to  be  made  for  any  period 
subsequeutto  March  30,  1862. 68 

Junior    major,  paymaster,  or    surgeon's 

mat©^  to  receive  no  pay, .- . . .     63 

Missoytri. 

Defence  of, *•   ..     88 

Troops  of,  may  be  received  and  rouf  ter- 
ed  into  the  service  of  the  Confederate 
States, 83 

Appointment  of  officers, 83 

Filling  of  vacancies, 83 

Admission  of,  as  a  member  of  the  Confed-    ■ 
erate  States, i 88 

Government  of,  recognized, 34 

Mu  n  itlon  s  of  Wa  r. 

Coutracts  for,  authorized, 8 

Musician.'^. 
Appointment  of  principal  musician  for 

each  regiment,  . .    . . .' 43 

Bounty  and  furlough  to, 43 

Pay  of  colored  persons  employed  as, 58 

Not  to  be  employed  without  consent  of 

commanding  officer  of  brigade, 53 

Naturalization. 
Uniform  rule  of,  for  persons  enlisted  In  the 

army, 87 

Oath  of, 87  45 

By  whom   administered 46 

Extended  to  persons  not  citizens  of  the     >► 
Confederate  States  engaged  in  the  na- 
val service  ol  the  Confederate  States,    45 
Notices. 
When  notice  of  arrest  and  of  the  oflFence 
to  be  given  judge  aivocates,  and  by 

whom,.. 80 

Surgeons  to  give  notice  of  time  of  exam- 
ination of  enrolled  men, 84 

North  Carolina. 
President  may  accept  companies,  etc.,  of 
Infantry  raised  before  Dec.  1,  1862,  in 
count'e.s  in,  exposed  to  tho  incursion* 

of  the  enemy, 81 

Election  of  officers, 81 

Vacancies  filled  by  President, 81    ,_ 

Nurses.  '■<■ 

Employment  of,  for  the  military  service,    85     ' 

May  be  employed  for  hospitals, 73 

Their  duties  and  compensation, 73 

Oaths. 

Of  officers,  non-commissionod  officers,  mu- 
sicians, and  privates, .14, 15 

Required  of  soldiers  to  enable  them-  to 
receive  their  pay,  before  whom  to  be 
taken,  ,' 75 

Of  mcinbers  and  offi:;er3  of  military 
courts, -.-  75 

Of  natuialization, 37,  45 

Officers.    (See  Volunteers^  Compensation.) 

General  Stair, 3,4,14 

Of  certain  dejiartments  not  to  assume 
comuiand  of  troops, , 4 


THE   INDEX. 


Of  the  army  to  be  appointed  by  the  Pres-        I 

Went S> 

To  pass  satisfactory  examination, 9, 

Meritorious  non-com  ml  saloned    officers         | 
may  be  appointed  to  the  lowest  grade 

<>f  subaltern  ofTicern, 9 

To  perform  all  military  duties  to  which         i 
thev  may  be  seyerally  assigned  by  the 

Pre'sldent, .     12 

Of  quartermaster's  and  commissary  de-         , 
partments  to  give  bonds,  with  sufTicient        j 

sureties.    Penalty  and  condition, ISi 

Certain  officers  and   their  assistant*  in-         j 
hibitcd  from  buying  or  seilinsr,  except 
for,  and  on  account  of  the  Confeder- 
ate States, 12 

Bripadler  generals  increased 14 

To  what  duty  they  may  be  assigned, 14^ 

Relative  rank  of,  how  determined, 14, 

Oaih-requlreKl  of, 14,45 

Field  and  stafT  officers  of  regiments,  etc  ,         \ 
of  volunteers  to   be  appointed  by  the 

President, 16 

Company  officers  elected  by  the  men  com- 
posing the  companj', Ifl' 

Of  Tolmiteer  forces  to  be  commissioned 

by  the  President 17 

Supernumerary  officers  may  be  attached 

to  each  company  of  volunteers, 17 

Kanii  and  denomination  of  general  offi- 
cers,      28 

Appointments  to  the  rank    of   genefal 

made  by  selection  from  the  army 28 

Of  the  army  may  be  assigned  to  staff  duty 
with  volunteers  or  provisional  troops,    24 

Their  rank, 24 

Temporary  rank  and  command  may  be 
conferred  on   officers  of  the  army  for 

service  with  volunteer  troops, 27 

Civilians  may  be  appointed  staff  officers,  29,  30 
Two  field  officers  allowed  certain  battal- 
ions of  volunteers......... 80 

Assistant  adjutants  general  for  volunteer 

forces, 30 

Field  officers  for  battaliona  and  regi- 
ments  for  local  defence  and  special 

service, 35 

OnScers  added  to  corps  of   artillery, 86 

Their  pay  and  allowances, 86 

Military  Storekeepers  of  ordnance, S6 

Superintendent!  of  armories  and  master 

armorers, 36 

Aids-de-camp  for  President's  staff, 86 

Additlooal  sergeants  for  companies, 86 

Adjutants  of  regiments  and  legions, 41 

Their  rank,  pay,  and  allowances, 41 

Drill  masters  to  be  honorably  discharged,    41 
To  aCax  signature  of  President  to  com- 

slon  In  the  army, 43 

Election  of,  upon  organization  of  troops 

re- volunteering  or  re-enllstlng, 44 

Taeancies,  how  filled, 44 

Rank  and  pay  of  certain  officers  In  the 
army  who  commenced  service  before 

receiving  their  commissions, 44 

Appointment  of  officers  of  engineers  In 

the  provisional  army, 45 

Temporary  rank  ard  command  on  offi- 
cers of  the  army  on  duty  in  certain  bu- 
reaus,  46,46 

Claims  of  certain  r  niters  to  be  audited 
and  settled  by  the  Secretary  of  War,. .     47 


Appointments  of,  under  the  act  to  raise 
an  additional  military  force  to  serve 
during  the  war 48 

Vacancies,  how  filled,. 48 

May  be  detailed  to  recrlU  men  for  com- 
panies      48 

President  may  appoint  to  raise  regt*' 
ments,  companies,  etc, 48 

When  such  appointment*  to  expire, 48 

Appointment  of,  of  artillery  in  the  pro- 
visional army,  and  in  the  volunteer 
corps, .  •     4^« 

To  reiruit  for  companies  now  in  the  ser- 
vice for  tM-elve  months, 60 

Election  oi  officers  for  such  com]tanies, . .     60 

Fiilinir  of  vacancies, 50 

Appointed  by  the  President  to  raise  com- 
panies, battalions  and  regiments,  to  be 
the  officers  of  the  same, 52 

Rank  of  certain  officers  fixed, 62 

Appointment  of  quartermasters  and 
commissaries  at  permanent  ports  and 
depot-9, 63 

Army  officer  appointed  Secretary  of  War 
not  to  lose  his  rank, C& 

Staff  and  clerical  force  of  General  assign- 
ed to  duty  at  the  seat  of  government,    66 

Election  of,  of  companies,  etc.,  under 
conscription  act 6S,  60 

Additional  clerks  authorized  in  the  bu- 
reau of  the  quartermaster  general, 63 

Of  companies  received  Into  the  service 
with  less  than  the  minimum  number  of 
men,.     64 

Their  rank,  rations,  etc., 64 

Appointment  of,  in  the  engineer  corps  of 
the  provisional  army, 66 

Appointment  of  officers  of  artillery  in 
the  same   army 66 

Commissioned  officers  of  companies,  and 
field  and  staff  officers  of  battalions  of 
sharp  shooters,  by  whom  appointed,..     67 

Appointment  of  additional  officers  of  ar- 
tillery for  ordnance  duties  ;  rank, 69 

Appointment  of  lieutenant  general  for 
each  army  corps, 69 

Hlipay, 69 

Transfer  of  non-commissioned  officers  to 

regiinents  from  their  own  States 69,  70 

Ranli  conferred  on,  of  the  engineer  corps 

of  the  provisional  army 70 

Number  of,  in  eiich  grade  limited, 70 

Increase  of  in  the  signal  corns, 70 

Appointment  of  adjutants  of  independent 

battalions, 74 

Duty   of  enrolling  officer  as  to  enrolment 

of  persons  in  the  navy  or  marine  corps,    75 
Claims  due  todeceased  non-commissioned 
officers  and  privates  may  be  paid  with- 
out producing  pay  roll, 76 

Claims  of  deceased  commissioned  officers, 

how  paid, 76 

Accountant  to  assist  second  auditor,. ...     76 

Also,  tdditlonal  temporary  clerks, ; 76 

Appointment  of,  in  army  corps, 76 

Assistant  adjutant  general  added  to  the 
adjutant  and    inspector  general's  De- 

p>art  ment, 88 

As  to  appointment  of  members  and  »  ffi- 
cers  of  military  courts,  see  title  Mili- 
tary Couria,  and, 78,  79 


THE   INDEX. 


XI 


Of  replinents,  battalions,  etc.,  may  be  ap- 
pointed before  the  same  are  organized,     82 

Comrnissions  may  toe  vacated  if  regi- 
ments, etc.,  not  completed  within  a  rea- 
sonable time, ...    * 83 

Bounty  secured  to.mough  dead  or  dis- 
charged, to  be  paid  as  other  arreara- 
ges, 83 

President  to  cause  proper  officers  to  in- 
vestigate the  cases  of  all  persons  arres- 
ted      87 

Commutation  in  lieu  of  quarters  allowed 
superintendent  of  army  intelligence 
office, 8T 

As  to  proceedings  to  determine  the  quali- 
fications of,  and  the  filling  of  vacancies 
where  any  officer  was  dropped  or  hon- 
orably re  ired,  see  title  Eiramiiiing 
Board,  and 88,  8J 

Commanding  regiments,  separate  battal- 
ions, etc.,  to  make  monthly  reports   of, 
the  conduct  of  commissioned  officers,  8*,  89 

Printed  forms  of  reports  to  be  furnished,    89 

Besto^'ment  of  medals  and  badges  of  dis- 
tinction on,  as  a  reward  for  courage 
and  good  conduct  on  the  field  o^  battle,    90 

Piesident  authorized  to  increase  the  ap- 
pointment of  general  officers  in  the 
Proviiional  army, 92 

Partizan  Rangers. 

President  may  commission  otilcers  to  form 
bands  of,  in  companies,  etc.,  either  as 
infantry  or  cavalry, 6B 

Pay,  rations,  and  quarters, 66 

Entitled  to  the  full  value  of  the  arms  and 

munitions  of  war  captured, 65 

Perpetuation    of  Testimony. 

Concerning  the  destruction  of  property 

under  military  necessity, 65 

Pikea. 

Companies,  etc.,  of  troops  may  be  organ- 
ized to  be  armed  with, 67 

PreMdeiii, 

Authorized  to  contract  for  munitions  of 
war, 3 

To  appoint  staCF  officers, 4 

To  have  control  of  all  military  operations 
In  the  States, 4 

To  receive  from  the  States  arms  and  mu- 
nitions of  war, 6 

To  receive  forces  in  the  service  of  the 
States,  or  who  may  volunteer, 5,  16 

Such  forces  may  be  received  with  their 
officers  in  companies,  etc., 6,16 

Authorized  to  employ  the  militia,  milita- 
ry, and  naval  forces,  and  to  ask  for 
and  accept  volunteers, t> 

To  appoint  all  officers  of  the  army, 9 

May  appoint  to  the  lowest  grade  of  sub- 
altern officers  meritorious  non-commis- 
sioned officers, 9 

Authorized  to  enlist  master  armorers, 
carriage  makers,  master  blacksmiths, 
Ac  ,  to  be  attached  to  the  corps  of  ar- 
tillery,      11 

To  call  into  service  only  so  many  troops 
as  the  safety  of  the  Confederacy  may 
require, 18 

To  appoint  chaplains, 15 

To  appoint  lield  and  staff  officers  of  regi- 
ments, ttc,  of  volunteer*, 16 


Authorized  to  receive  into  the  service 
such  companies,  battalions,  etc.,  as  may 
tender  themselves, ifi  17 

How  organized, \    '17 

May  be  attached  todivisioEs,  brigades,  or 
regiments,  or  ordered  upon  independent 
service,  17 

Officers  to  be  commissioned  by  President*    17 

Supernumerary  officers  may  be  tttached 
to  each  company, \i 

May  receive  into  the  service  companies 
of  light  artillery  with  officers  and 
equipments, 17 

May  issue  to  private  aimed  vessels  com- 
missions or  letters  of  marque  and  re- 
prisal,  18, 19 

May  annul  the  same  at  his  pleasure, 19 

Authorized  to  increase  military  estab- 
lishment     23 

To  appoint  milifary  storekeepers 2.%  24 

To  appoint  cadets  from  the  several  States,    24 

To  assign  officers  of  the  army  to  staff  du- 
ty with  volunteers  or  provisional  for- 
ces      J4 

May  assign  subaltern  of  the  line  of  the 
army  to  the  duties  of  adjutant  of  regi- 
ment or  battalion 27 

May  confer  temporary  rank  and  com- 
mand, for  service  with  volunteer  troops, 
on  officers  of  the  army 27 

Authorized  to  receive  Into  service  the  first 
regiment  of  North  CoroUna  volunteers,    28 

Also,  cadets  from  the  North  Carolina  In- 
stitute, actine  with  said  regiment 29 

To  appoint  civilians  as  '<taff  officers 29,  40 

To  appoint  assistant  adjutants  general,...     80 

To  have  constructed  a  newly  invented 
Implement  of  war, 81 

To  grant  commissions  to  raise  volunteer 
regiments  and  battalion'*  of  persons 
from  Kentucky,  Missouri,  Maryland, 
and  Delaware, 81 

To  employ  the  Militia,  military,  and  na- 
val forces,  and  to  ask  for  and  accept 
volunteers 31,  32 

To  appoint  surgeo  is  and  assistant  sur- 
geons in  the  provls'onal  army  for  the 
hospitsls 82 

To  receive  and  muster  into  the  service  in 
the  State  of  Missouri  volunteer  troops 
of  that  State 33 

To  accept  volunteers  for  the  deff»nce  of 
exposed  places  or  localities  and  lo  ap- 
point the  field  officers, 84, 86 

To  appoint  military  storekeepers  of  ord- 
nance,... : 36 

To  appoint  superintendents  of  armories 
and  master  armorers, 86 

To  appoint  two  aids-de-camp  for  bis 
personal  staff, "  . .. .     86 

To  establish  recruiting  stations  for  vol- 
unteers from  Certain  States, 88,  39 

To  inflict  retaliation  upon  the  persons  of 
prisoners,  S9 

To  appoint  adjutants  of  regiments  and 
legions  of  the  grade  of  subaltern 41 

To  continue  the  appointments  made  by 
him  in  the  military  and  naval  service,.     42 

To  discharge  the  Luujberton  Guards. 42 

To  delegate  power  to  oflicers  to  affix  his 
signature  to  commibsiouB  in  the  army,.     43 


Xll 


THE    INDEX. 


To  appoint  chief  buplcra  and   principal     .  |Milll:iry  courts  to  attend  each  army  corps         * 

musicians  to  repiments +}'     in  the  field,  under  the  direction  of,. .  ..     78 

Meinliers  and  judf^es  advocate   of  such 
courts  to  be  appointed  by, 78 


To  appoint  oflicers   of    engiaeerg  in   the 

provisional  army, 45,86 

To  Confer  temporary  rank  and  command 
uj>on  oftii'ersof  the  army  on   duty   in 

certain  bureaus : ••• 

To  expend,  at  his  discretion,  appropria- 
tions for  certain  Iloatintr  dcfffhces 47 

To  accept  volunteers  singly  as  well  as  in 

companies,  etc., 47,  48 

To  appoint  a,nd   commlnslon   persons  as 
W    field  officers  or  captains,  to  raise  regi- 
ments, squadrons,  etc.,.   48 

To  have  control  of  the  arms  of  volun- 
teers for  twelve  months, 

To  call  upon  the  several  States  for  troops 
to  serve  for  three  years  or  during  the 

war, 

To  appoint  quartermseters,  Tissistant 
quart erniastfjrs,  commissaries,  and  as- 
sistant commissaries  at  permanent  posts 

and  depots, , 

To  suspend  the  writ  of  habeas  corpus,.  .56,  87 
To  raiseia  corps  for  service  lu  Mobile  bay 

and  Alabama  river 

To  fix  the  ranli  a;id  j>ay  of  the  officers,. . 
To  assign  a  general  to  duty  at  the  seat  of 

government, 

To  api)oint   additional  aids-de-camp   oft 

ills  stall 

To  appoint  either  btAte  or  Confederate 
officers  to    enroll  persons   under   the 

conscript  act, 

To  fill  vacancies  in  companies,  battal- 
ions, etc CI.  6S 

To  appoint  sicnal  officers  and  sergeants^    01 

To  appoint  drill  masters, C2 

r     To  increase  the  s.ilaries  of  master  armo- 
rers,     

To  commission  officers  to  form  bands  of 

partizan  rangers 

To  appoint  oflicers  of  artillery, 

To  appoint  commissioned  officers  of  com- 
pajiles,  and  fiehl   and  wtaff  officers  of 

battalions  (tf  sharp  shooters, 07 

To  accept  the  services  of  companies,  etc  , 
organized  or  in  service  uud«r  stated 


Appointment  may  be  during  the  recess  pf" 

the  Senate 

46iMay  receive  into  tie  service  regiments 
or  battalions  organized  prior  ta  Oct.  1, 
18G2,  though  composed  in  i)art  of  per- 
sons between  the  ages  of  18  and  85 
years , • 


80 


81 


49 


49 


68 


C3 


81 


Those  organized  after  that  time  not  to  be 
received  except  in  States,  etc.,  when 
the  conscript  may  bc  suspended, 81 

May  receive  Into  the  service  regiments  or 
battalions    organized    of  conscrijits   in  • 
any  of  the  States  west.^f  the  Mississip- 
pi river, 81 

May  accept  companies,  etc.,  of  Infantry 
raiicd  before  Dec.  1,  ISCl,  within  the 
limits  of  middle  and  west  Tennessee,.     SI 

Election  of  oflicers 81 

Vacancies  filled  by  the  Trcsideiit, 81 

Also  from  certain  counties  in  North  Car- 
olina exposed  to  the  incur  ions  of  the 
enemy, 

May  appoint  mnjor  and  bri-jadior  gener- 
als, with  their  statTs,  and  also  the  field, 
company,  and  s  aff  officers  to  regi- 
n'lcnis,  etc  ,  before  the  same  are  organ- 
ized,     ...r. 62,83 

Commissions  of  the  oiricersmay  be  vaca- 
te<l,  if  regiments,  etc.',  not  completed 
within  a  reasonable  time, ;•....     83 

May  suspend  privilege  of  writ  of  habeas 
corpus,  to  cause  proper  odicers  to  in- 
vestigate the  cases  of  all  persons  ar- 
rested,      87 

May  retire  honorably  or  drop  from  the 
army,  officers  found  unfit  by  examin- 
ing ho\rd, 88 

*Vhen  he  may  fill  the  vacancy  by  appoint- 
ment,  

Name  of  sold  ers  best  entitled  to  receive 
badge  of  distinction  for  courage,  etc  , 
en  the  battle  field,  to  be  communicated 
to, 


authority, .^  JHow  badge  disposed  of,  when  the  award 

^lay  appoint  additional  officers  of  iirtil- '      '     falls  on  a  decewsed  holdier, 

lery  for  ordnance  duties CO't,,  prescribe  rcgulati-vns  to  carry  into  ef- 

To  ajtpoint  lieutenant  general  for  each 

army  corps, 

May  appoint  other  officers  in  the  signal 


89 


90 


C9 


feet,  "An  act  to  jjrotect  the   rights  of 
owners  of  slaves  taken  by,  or  employ- 

...^  _,  ,  _  ed  in  tlicarmv,'' .'...... 

corps 70  X(,  provide  for  the  subsistence  of  slaves 

May  susi>end  the  execution  of  the  con-         \     while  in  depots ; 

script  act  in  certain  localities,  and   du-         j  \utiiniized  to  increase  the  app(dntmeut  of 

!     general  oilicers  in  the  provisional  army, 

I  Prisontrs. 


ring   such   suspension  receive    troops 

thei  elronij 

May  ai)point  adjutants  for  independent        ^ 

battalion? '^■^  Act  relative  to  prisoners  of  war, 

Authorized  to   organize   divisions  of  the  Who  not  to  be  held  as  such, 

l)rovisional  army  I'. to  aney  corjis,  and  Retaliation  upon  the  perrons'  of, 

to  ajipoint  ollicrs  thereof, tCj  Aid  to  our  prisoners  cf  war  in   the  hands 

ay  appoint  camps  of   instruction    ff^r         i     of  the  enemy, 


May 


persons  enroled  for  military  service, 
'Authorized  to  import,  duty  free,  machin- 
ery or  mattrl  lis  for  the  manufacture  of 
Clothing,  shoes,  etc  for  the  army..  ■. .  77 
May  e.xtenil  the  prlvil  go  of  this  act  to 
comi>anies  er  indivi<luitlB, .' 71 


77j  When  bounty  allowed  f >  r  i.risoners  cap- 
tured on  vessel-  of  the  cn^niy,. 


Private  Contrihuii  nix. 
Recei>tion  and  forwarding  of,  for  the  ar- 
my  „ %. 


00 

91 
91 
92 

28 
28 
89 

69 

28 

41 


THE   INDEX. 


Xlll 


Tfizea. 
Act  concernlnp  prizes  and  prize  goods,  .17,  23 
Breaking  of  bulk  and   removal   of  goods 

on  captured  vessels, 40 

When  Teasel  and  cargo  may  be  sold, 40 

Property 

Destruction  of,  unJer  military  necessity, 
authorized, , 65 

Owners  of,  may  destroy  the  same, 55 

How  testimony  of  such  desttuction  moy 
be  perpetuated, 55 

Indemnity  to  owners  out  of  Sequestra- 
tion fund, 65 

As  to  protection  of  the  rights  of  owners 
of  ilaves  taken  by  or  employed  in  the 

army,  see  title  slaveii,  and 90,  91 

Provisional  Forces. 

Act  to  raise, 4,  5 

Provost  MarthaU 

Appointmefttof, 79 

Rank, 79 

Salary, 79 

Term  of  office, 79 

Oath, 79 

Power  to  administer  oath, 79 

Public  Defence.    (See  army.) 

Provision  for, 5,16 

Act  making  farther  provision  for,  amen- 
ded,.   29,  30,  51 

Employment  of  militia,^llitary,  and  na- 
val forces  and  volunteers, 31,  32 

Punishrjientt. 

By  military  courts, 79  80 

Quartermasters. 
Quartermaster  g«neral'8  department,  or- 
ganized,   8, 14 

Increased, 23 

When  additional  quartermaster  may  be 

appointed, T 

Bond, 7,12 

Accounts  of  ihe  of  certain  Indian  troopa,    46 
Appointment  of,  at  permanent  posts  and 

depots, ; 68 

Persons  detailed  from  the  ranks  to  serve 
In  their  offices,  58 

Quarters. 
Allowance  of; 10, 11 

Pa  n  gers,    {See  Partisan  Mangers.) 

Rank. 

Relatiye  rank  of  officers,  how  determined,    14 

Of  general  officers, 23 

Highest  military  grade,  that  of  "  Gener- 
al,"      23 

Appointments  to    the  rank  of   general  " 
made  by  selection  from  the  army, 23 

Of  officers  added  to  the  military  establish- 
ment,  22,24 

Temporary  rank  conferred  on  officers  of 
the  army, 27 

Of  certain  officers  who  commenced  ser- 
vice before  being  commissioned, 44 

Of  officers  of  engineers  in  the  army, 45 

Of  comissioned  officers  who  oontinue  in 
service  by  re-eltction,  to  dato  from  the 
time  of  their  original  election  or  ap- 
polntment^, 52 

Army  officer  appointed,  Secretary  of  War 
not  to  lose  his  rank, 55 


Of  officers  of  companies  received  into  the 
service  with  less  thaa  the  minimum 
number  of  men 64 

Of  officers  of  the  corps  of  engineers  of 
the   provisipnal  army < 70 

Of  adjutant  for  independent  battalions, . .     74 

Of  officers  appointed  to  superintend 
camps  of  instruction, 77 

Of  assistant  adjutant  general  added  to 
the  adjutant  and  inspector  general's  de- 
partment,  •• 83 

Of   members    and   officers    of    military 

courts,.... 79 

Rations. 

Allowed  enlisted  men  of  the  army, 12 

Commutation  value  of, 12 

Allowed  officers  and  men  of  campanies 
received  into  the  service  with  less  than 
the  minimum  number  of  men, 64 

Of  chaplains, .41,  64 

Recruit i ng  Sta tions. 

F©r  volunteers  .from  certain  States, 88,  39 

Recruiting, 

For  companies  reduced  by  casualties,.  .44,  45 

Officers,  Ac.  appointed  to  recruit  for  com- 
panies,  48,  50 

Officer  ro  receive  appointment  propor- 
tioned to  the  force  he  recruits, 49 

For  companies  now  in  the  service  for 
tweve  months, 50 

Recruits  of  one  company  may  combine 
with  recruits  of  other  companies,  so  as 
to  form  a  complete company,.^ 51 

To  what  number  companies  may  be  re- 
cruited,     51 

Rendezvous, 

Places  of,  for  enrolled  men,  established,...    81 

Provision  as  to  persons  unable  to  attend 
on  account  of  sickness 82 

Reprisal.    See  Marque  and  Reprisal. 
Retaliation, 

Upon  the  persons  of  prisoners, 89 

Rules, 

Of  war  established  by  the  laws  of  the  Uni- 
ted States,  declared  to  be  in  force,  ex- 
cept, Ac,.. .-.- 12 

Secretary  of  War  to  prepare  and  publish 
regulations  for  the  general  government 

of  the  army, 12, 13 

Sappers, 

Company  of, 25 

Sem,tences, 

Of  military  courts  to  attend  army  corps 
in  the  field,  subject  to  review,  mitiga- 
tion and  suspension 80 

Sequestration  Fund, 

Indemnity  act  of,  to  owners  of  property 

destroyed  under  military  necessity, 65 

Sergeants, 

One  additional  sergeant  allowed  each  com- 
pany,   36,  37 

Appointment  of  signal  sergeants, •. . .     61 

Sharp  Shooters, 

Battalion  of,  may  be  organized, 67 

How  to  be  armed, 67 

Officers  appointed  by  the  President, 67 

Shoes, 
Materials  for  the  manufacture  of  articles 
for  supplying  deficiency  of,  may  be  im- 
ported duty  free, 77 


XIV 


THE    INDEX. 


May  be  worked  o  i  Government  account, 
or  leased  or  sold, 

Privilege  of  this  act  may  be  extended  to 
companies  or  Individuals, 

Detail  of  persons  from  the  army  for  the 
manufacture  of,  for  the  army,. 

Their  pay, 

Sick  and  Wounded, 

ProTislon  made  for  the  care  of  supplies 
for, 

Provision  for  the,  of  the  army  in  hospitals 

Commutation  value  of  rations  of.  fixed,.. 

To  be  5ent  to  hospitals  representing  the 
State  in  which  they  reside,, 

Arrangements  to  be  nmde  for  their  trans- 
portation on  Railroads, 

Also  for  a  sufficient  quantity  of  pure  wa- 
ter for  their  use  in  the  cars, 

Surgeons  to  detail  persons  to  accompany 
the  sick  and  woKnded  to  railroad  depots, 

Their  duties, 

Signal  Corps, 
Appointment  of  officers  to  perform  the 

duties  of  signal  officers  of  the  army,.. 

Appointment  of  signal  sergeants, 

May  be  organized  as  a  separate  corps  as 

authorized, 

Increased, 

Slar)M, 

Disposition  of,  captured  from  hostile  In- 
dians,  

Persons  connected  with  the  army  or  navy 
capturing,  etc.,  slaves  from  the  enemy, 
to  report  the  fact  to  the  commanding  of- 
ficer,   

Slaves  reported  to  be  sent  to  the  nearest 
depot,  with  a  register  of  the  place  and 
date  of  arrest, 

Owners  may  have  the  slaves  on  proof  of 
ownership, 

Depots  for  recaptured  slaves, 

List  of  slaves  in  such  depots  to  be  pub- 
lished,  

Employment  of  slaves  in  depot, 

When  they  may  be  removed, 

Free  access  permitted  to  persons  to  in- 
spect slaves,  and  on  due, proof  to  be  re- 
stored to  claimants, 

Secretary  of  War  to  require  the  names  of 
slaves  employed  by  officers  or  soldiers 
in  the  army  or  navy,  with  the  names, 
etc.,  of  their  owners,  to  be  reported  to 
his  department, 

Register  thereof  to  be  kept  for  public  in- 
spection,  .' 

President  to  prescribe  regulations  to  car- 
ry this  act  Into  eff  ct,     

To  provide  for  the  subsistence  of  slaves 
while  in  depots, 

Soldiers, 
Pay  and  allowances  due  deceased  sol- 
diers,  58, 

May  be  paid  without  producing  pay-roll, 
Bounty  secured  to,  though  dead  or  dis- 
charged, to  be  paid, 

Award  of  Medals  and  badges  to,  as  a  re- 
ward for  courage  and,  good  conduct,.. 9(1, 
Special  Service,  (See  Local  Defence^ 
Staff  Departments, 
OrganizatioB  of,  for  the  army, 3,  4, 


'  Staff  Otffcers, 

77  Civilians  may  be  appointed 29,  4i 

.  Aids-de-camp  on  President's  staff,. 86 

771  Storekeeper's, 

Appointment  of  military  btorekeepers,  23,  24 

80  Pay  and  allowances 28,  24 

80  States, 

I  Call   on,  for  troops  to  serve  for  three 

'     years  or  the  war, 49 

29  Subtititutes, 

7j  Persons  not  liable  to  military  duty  may 

•jl      be  received  as  substitutes  for  those  who 

I     are,. 60 

78  Suppliet, 

!  Private  contributions  for  the  army  to  be 

74      received  and  forwarded,. 41 

\  Surgeons, 

74  May  be  appointed  in  the  Provisional  army 

i     for  the  hospitals,...* 82 

74  To-examlne  enrolled  men, 81 

74  To  give  notice  of  the  time, 81 

Decision  of,  taken  as  final,. 82 

Three  surgeons  assigned  to  each  congres- 
sional district, 82 

To  cr^nstitute  a  board  of  examination  in 

such  distiict, 82 

To  file  with  commandant  of  camp  of  in- 
struction certificates  of  resident  physi- 
cians as  to  inability  of  enrolled  men  to 

I     attend  places  of  rendezvous, 82 

I  Trannfers, 

^  Of  privates  and  non-commissioned   ofFi- 

\     cers, 69,70 

j Soldiers  transferred  to  be  furnished  with 

!     transportation, 75 

°"  Transportation, 

Of  soldiers, 26 

Of  supplies  for  the  army  furnished  by  prl- 

^"i     vate  contribution, 41 

-Granted  to  twelve  months  men  in  service 

^        re-V' lunteering  or  re-enlisting, 48 

^^lOf  supplies  for  hospitals  by  railroads  and 

boats, 2 

x"  Of  sick  and   wounded  soldiers  on  rail- 

90!     roads,    ...; -     74 

^"  Soldiers  transferred  to  be  furnished  with,    75 
Travelling  Expenses, 

Allowance  of, 10,11 

Commutation  for 26 

Vacancies, 
In  established  regiments  and  corps,  how 

filled, 9 

In  volunteer  companies,  may  be  filled  by 

volunteers, 16,  43 

In  oflicers  of  such  companies,  filled  by 

election, 16 

In  companies,  battalions,  etc.,  how  fill- 
ed,....  44,48,61,63 

In  the  lowest  grade  of  commissioned  offi- 
cers of  a  company,  filled  by  election,  44,  68 
President  may  fill  vacancies  by  the  pro- 
inoti(m  of  officers  or^prlvates  for  dis- 
tinguished services, .61,  C8 

In   certain   companies,  Ac,  of  infantry 

raised  in  Tennessee  and  North  Carolina,    81 
Promotions   to  fill,  when   any   officer  is 

dropped  or  honorably  retired, 89 

Competency  of  officers  lo  fill  sueh  vacan- 
cies, how  ascertained 89 

If  no  officer  found  competent,  vacancy 
may  bo  filled  by  .appointment, 89 


91 


THE   INDEX. 


XV 


In  reprirnents  or  battalions  organiaed  un- 
,der  State  laws,  filled  as  in  case  of  death 
or  resignation , 89 

Vegetables, 
To  be  furn'.shed  troops, 42 

Commissions  or  letters  of  marque  and  re- 
prisal may  be  granted  to  to  private  armed 
vessels, 18 

Regulations  concerning  conduct  of  ves- 
sels so  commissioned,  their  officers  and 
crew, 20,  21 

Purchase  and  arming  of  vessels,  steam- 
ships or  boats,  for  the  protection  of  the 
8e>i-board  and  defence  of  the  country,.       7 

Allowance  for  vessels  sunk  or  destroyed, 21,  27 

Rights  secured  to  inventors  of  armed  ves- 
sels or  floating  battery  or  defence, 27,  25 

Ofiicf^rs  and  crew  of  unarme<l  vessels, 
and  passengers,  not  to  be  held  as  pris- 
oners of  war, ^8 

When  bounty  allowed  for  prisoners  cap- 
tured or, 28 

Inventors  or  constructors  of  machines 
for  destros^ing  the  armed  vessels  of  the 
enemy, 66- 

VoIuntee?'s. 
President  may  ask  for  and  accept  (-he  ser- 
vices of, 5, 16 

Clothing, .-...6,  26 

Horses  and  equipments, 6,  26 

A  rms 6 

May  be  accepted  in  companies,  Ac  ,.  .6,  16, 17 

Appointment  of  ollicers, 6, 16 

May  be  orcanized  into  battalions,  regi- 
ments, Ac 6, 16 

Commanding  oflicers   of,    appointed   by 

President, 6 

Appointment  of  general  and  staff  oflicers 

among  States, 6 

Organisation ,  pay  afid  allowances 6,16 

When  to  serve  on  foot,  6 

Allowance  to,  for  horses  killed  in  battle, . .       C 
Field  and  staff  officers  of  separate  battal- 
ion of, 6,7 

Additional  second  lieu  enant  allowed  each 

company, 7 

Limitation  of  number  in  companies, 7 

Supplying,  quartering  and  transporting  of      7 
Vacancies  in   volunteer  companies,  may 

be  filled  by  volunteers, 16,  48 

Vacancies  in  oflicers  of  such  companies 

filled  by  election 16 

May  be  attached  to  divisions,  b  igades 
or  regiments,  or  ordered  on  indepen- 
dent service, 17 

Oflicers  of  volunteer  forces  commissioned 

by  the  President 17 

First  regiment  of  North  Carolina  volun- 
teers received  into  the  service, 28 

Commissions  to  r*ise  volunteer  re2iment9 
and  battalions  of  peraons  from  Ken- 
tucky, Missouri,  M$ryland  and  Dela- 
ware       31 

Two  field  officers  allowed  certain  battal- 
ions of,   80 

Assistant  adjutants  general  for  volu'iteer 
forces, 80 

Services  of,  may  be  accep  ed  by  the  Pres- 
ident      32 

?vr  local  defence  a-d  special  service, ....3 1,  91 


Volunteer  cavalry  companies  to  be  furn- 
ished with  necessary  equipments, 86 

Recruiting  Stations  for  volunteers  from 
certain  States,  and  their  organization 
into  companies  and  regiments, 88,89 

May  be  accepted  singly  as  well  as  in  com- 
panies, Ac 47,  43 

Vacanies  in  companies,  Ac,  may  hi  filled 
by 16,  44,48 

Appointment  of  officers  of  artillery  in  the 
volunteer  corps, 49 

Arms  of  certain  volunteers  under  the 
President's  control 49 

Provision  for  recruiting  companies  of, 
now  1    the  service  for  twelve  months,..    50 

Laws  providing  for  the  re-en'istment  and 
reorganization  of,   repealed, 59 

Persons  subject  to  enrollment  under  con- 
scription act  may  volunteer  previous 
to  errtdment, CI 

Act  Ma.y  8  1861,  authorizing  the  accep- 
tance of  the  services  of,  without  regard 
to  ihe  placo  of  enlistment,  A<v,  to  have 
full  effect  in  States  and  districts  in  which 
the  conscript  acts  are  suspended. 

Ward  Masters. 

Employment  of,  for  hospitals, 73 

Compensation, 73 

War. 

Contracts  for  munitions  of,  authorized,. ..      8 

President,  to  receive  from  the  States  mu-' 
nitloiis  of, 5 

Rules  and  articles  of,  establi^he•'  h.v  the 
laws  of  the  United  Statfs,  declared  to 
to  be  in  force,  except,  Ac  , 12 

Act  recognizing  existence  of,  between  the 
Confederate  States  and  the  United 
States,   17 

Acts  relative  to  prisoners  of  war, 28,  69 

Construction  of  a  newly  invented  imple- 
ment of. 81 

Call  on  the  States  for  troops  for  the  war,    49 
War  Department 

To  establish  regulations  lor  clothing  the 
army, 88 

Names  of  slaves  employed  by  officers  or 
soldiers  in  the  army  or  nav.v,  with  the 
names  and  residences  of  their  owners, 
to  be  reported  to  the, 90 

Register  thereof  to  be  kept  for  public  in- 
spection,      91 

War,  Secretary  of. 

To  prepare  and  publish  rpgolatlons,  pre- 
scribing the  details  of  every  department 
in  the  service,  for  the  general  govrrnment 
of  the  army, 12 

To  issue  instructions  to  the  quartermas- 
ter general  and  subordinates  to  provide 
for  custody  and  sustenance  of  prisoners 
of  war, 28 

To  appoin'  clerk  to  t^ke  charga  of  arti-    ' 
cles  for  the  Fick  and  wounded 29 

To  employ  cooks  and  utrscs  for  tlie  milita- 
ry service, 35 

To  furnish  all  necessary  equipments  to 
volunteer  cavalry  companies 36 

To  provide  and  furnish  "clothing  for  the 
army, , 38 

To  pay  to  the  governor  of  any  State,  the 
V  lue  of  clothing  furnished  by  such 
State  to  its  Ir'ops  and  volunteer^,. .....     38 


XVI 


THE    INDEX. 


To  make  arranpemenls  for  the  reception 
and  forwardinEf  of  articles  sent  to  the 
army  by  private  cnnfrihution, 

To  provide  troops  In  the  field  with  bread, 
and  to  establish  bakeries, 41, 

To  reprulate   the  issump  of  furloughs 

To  adopt  meaeures  for  recruitinjr  and  en- 
liatlnR  men  for  companies  reduced  by 
casualties, 44, 

To  detail  company  commlisloned  oflicers 
for  this  duty, 

To  audit  and  settle  claims  of  certatn  ofli- 


cer?, 


To  make  rules  for  the  rfcruitinp  of  com- 
panies now  in  the  service  for  twelve 
months, ,  

To  apfviint  additional  clerks  in  bureau  of 
Quarfcnnaster-General, 

Army  oUicer  appointed,  not  to  lose  his 
rank,, w 

To  furnish  copy  of  the  Act  to  provide  for 
keeping'  fire  arms  in  the  hamls  of  effec- 
tive men,  to  every  General  in  the  ser- 
vice. .    . .    

To  report  to  Congress  fijdinj^i  of  the 
Court  fjr  the  trial  of  conuuissioned  ofii- 
cers  charged  with  drunketmess, 

May  cause  to  be  organized  batlallons  of 
Sharp  t^hooters, 

His  duty  to  transfir  privates  and  non- 
conmiissioned  ollicers  to  regiments  from 
their  own  States,   09, 

To  make  regulallona  to  facilitate  such 
transfer 

May  apiioiiit  additional  sergeants  in  the 
signal  c()ri)S, 

Authorized  to  make  arraa.  ements  for  the 
transportation  on  railroads  of  sick  and 


41 


I     wounded  soldiers, 7i 

j  Also  for  pure  water  for  their  bse  in  tfie 

I     cars,  74 

To  furnish  transportation  to  soldiers  trans- 
ferred,      75 

To  provide  in  kind  to  soldiers  the  uniform 

clothinp, 77 

To  furnish  printed  forms  of  monthly  re- 
ports rerpiired  to  be  made  t?y  oflicers 
commanding;  regiments,  etc., of  thecoD- 
duct  of  commissioned  olhcers  under  their 

re8i)ective  commands, 89 

Decision  of  examining  board,  if  approved 
by  commanding  general,  to  bo  trans^ 

niitted  to, 88 

If  approved  by,  to  lay  the  same  before  the 

Pres'dent, 88 

To  establish  depots  for  re-captured  slaves    90 

To  give  public  notice  thereof. 90 

To  require  the  names  of  slaves  employed 
by  olTicers  or  soldiers  in  the  army  or  na- 
vy, with  the  names  and  residences  of 
their  owners,  to  be  reported  to  his  de- 
partment, .. 91 

Full  register  thereof  to  be  kept  for  public 

inspection, 91 

Muster-rolls  of  volunteer  companies  for 
local  defence  to  be  forwarded  to, 91 

Weatfi'n  Wt iters. 
En'lstments    for   a  corps    for  temporory 

and  special  service  on,        47 

Witnetises. 
Attendance  of,  before  military  courts,.. ,     79 

Writs.— {See  Maheas  Corpus.) 
Zouaves. 

Regiment  of, IS 

Pay  and  allowances, 1&,  16 


